THE STRUCTURE AND FUNCTION OF THE BOARD OF CERTIFICATION
The OCB consists of two adjudicative boards, the Board of Collective Bargaining ("BCB") and the Board of Certification ("BOC"). The seven-member BCB is tripartite in composition. It has two City members appointed by the Mayor; two Labor members appointed by the Municipal Labor Committee, and three Impartial members elected by the unanimous vote of the City and Labor members. The BOC is comprised of the three Impartial members of the larger BCB. One of the Impartial members is elected the Chair of the BCB and, by law, also serves as the Director of the OCB.
The BCB Chair is the only full-time, salaried, Board member. The other two Impartial members receive per diem fees. The salaries, fees and expenses of the Impartial Board members are paid jointly by the City and the Municipal Labor Committee.
Pursuant to NYCCBL § 12-309(b), the BOC resolves questions concerning union representation of public employees for purposes of collective bargaining. Under the NYCCBL, public employees are presumed eligible for collective bargaining unless the BOC determines that they are managerial or confidential employees. The BOC determines appropriate bargaining units to assure public employees the fullest freedom in exercising their rights under the NYCCBL, consistent with the efficient operation of the public service and sound labor relations. It can subsequently modify bargaining units by adding or removing job titles. By conducting hearings, secret ballot elections, or by other appropriate methods, the BOC determines which union, if any, represents a majority of employees in a given unit and certifies that union as the exclusive collective bargaining representative of the bargaining unit. It can also decertify a union that no longer represents a majority of the bargaining unit.