4 NYCRR 201.2

Petition; filing

act (hereinafter called a petition for certification), or a petition alleging that an employee

organization which has been certified or is being currently recognized should be deprived of

representation status as to all or part of a unit (hereinafter called a petition for decertification),

may be filed by one or more public employees or any employee organization acting in their

behalf, or by a public employer, provided that individual employees may not file a petition for

certification.

employee organization to clarify whether a position is encompassed within the scope of an

existing unit (hereinafter called a unit clarification petition), or to determine the unit placement

of a position (hereinafter called a unit placement petition). The filing and processing of the

petition shall be in accordance with sections 201.5(c), 201.5(d), 201.7, 201.8(a) and (g), and

201.10 of this Part, and Part 212. Section 201.4 of this Part shall not apply. In determining the

unit placement of a position, the administrative law judge shall consider whether the placement

would be consistent with the criteria set forth in section 207 of the act. The administrative law

judge may decline to make any clarification or placement not otherwise consistent with the

purposes or policies of the act. Exceptions to any determination of the administrative law judge

may be filed pursuant to Part 213.

filing, a signed original of the petition shall be filed with the director. In electronically filed

cases, a signed copy will be submitted. Prior to an administrative law judge issuing a decision, a

petition may be withdrawn only with the consent of the director. After the issuance of a decision

by the administrative law judge, the petition may be withdrawn only with the consent of the

board. Whenever the director or the board, as the case may be, approves withdrawal of any

petition, the case shall be closed.