Certification Without An Election: The New York Experience
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Abstract
The attached conference paper was originally presented at the the 62nd Annual Conference on Labor at NYU School of Law in June 2009. The paper describes the experience under New York's Taylor Law in the use of a certification without an election procedure in public sector labor relations.
For fifty years, New York law has granted administrative discretion to certify employee organizations based upon administrative review of dues deduction cards and other forms of evidence. Under the Taylor Law, non-electoral certification is the preferred means for determining majority support from employees in a proposed public sector negotiation unit. In 2001, the New York Legislature amended its private sector labor relations law to establish a similar preference for non-electoral certifications.