1. Filing an Improper Practice Petition:
A. Filing a Paper Form.
You can file a petition by completing the form on our website.
The paper form is available here.
Instructions for filing the paper form are here.
B. E-Filing your claim.
Information you need to e-file a petition is explained below. Additional instructions are available in the e-filing portal after you click e-file. In order to e-file, you will need to register as a user. This can be done by creating a new account, using a City of New York email address, or by using Apple, Facebook, Google, LinkedIn, Microsoft or Yahoo.
• Person Filing: The person completing and submitting the form on-line is the person filing. You must provide your correct contact information and advise OCB and all parties if it changes.
• Type of Petition: Select who you are filing on behalf of – a union, an employer or an individual.
• Type of Case: Select either improper practice or representation.
• Sub Type: If you are filing an Improper Practice petition, select “standard.” If you are filing a Representation petition, select either representation or decertification.
• Petitioner: If you are filing the petition for your own individual claim, you are the petitioner and can check the box “Same as Person Filing,” and then complete the information on your mailing address.
• Petitioner Representative: If you have an attorney, click the box and complete the contact information requested.
• Respondent Employer: Click on the agency who is/was your employer. If you worked for a specific agency, click on “specific agencies” and you will be given a list of agencies. Select the agency that you work(ed) for.
• Respondent Union: Select the name of the union that represents you or if you are not represented, select the name of the union involved in this matter. If you do not see the name of the union involved, select “other.”
• Bargaining Unit Involved: You do not need to complete these fields.
• Nature of the Controversy – Sections of the Law:
Identify the specific subsections of NYCCBL § 12-306(a) or (b) that you claim have been violated. Note: subsection (a) applies to claims against employers and subsection (b) applies to claims against unions. You should review the law to select the correct sections. Click here for the NYCCBL.
• Attachments: You must follow the instructions listed on the website to submit attachments that include the details of your claim. Specifically, these attachments must include the following information:
• Please number each paragraph and state the facts of your case. Be as specific as possible; the more relevant details you provide, the better. Include such facts as names, dates, times, and locations. In order to file a claim of breach of the Union’s duty of fair representation under the NYCCBL, your submission must contain the following information: the dates you sought the union’s assistance, what you asked the union to do, the content of any and all communications you had with your union, whether the union responded and the dates of any and all responses.
In order to file a claim that your employer retaliated or discriminated against you based on your union activity, your submission must contain the following information: the date you engaged in union activity, the nature of your union activity, how the employer was aware of your union activity, the adverse employment action taken by your employer against you. You may attach documents that support your facts but your statement may not consist solely of such attachments. If you attach exhibits, explain why they are significant and refer to them in your statement. Each document should be labeled as an exhibit (“Exhibit A” or “Exhibit 1,” etc.) and must accompany all copies of the petition. Do not send original documents;
• If your case relates to a collective bargaining agreement, executive order, or written rules/policies, identify the specific provisions that apply and attach the document(s), if available, to your petition;
• Explain how the facts in your case constitute a violation of the sections of NYCCBL you have identified;
• State what you would like the Board to do if it rules in your favor. Remember that the jurisdiction of the Board is limited to remedying improper practice charges.
• Verification: You are required to affirm or swear before a notary, under penalty of perjury, that all of the facts in the petition are true to the best of your knowledge. There is a form on our website that you can print, sign, scan and attach to your submission that will meet the verification requirement.
To file an improper practice petition, click here.
2. Filing a Representation Petition:
A. Filing a Paper Form
You can file a petition by completing the form on our website.
The paper form is available here. Instructions for filing the paper form are here.
B. E-Filing your Representation petition
We have explained the information you need to e-file a representation petition below. Additional instructions are available in the e-filing portal after you click e-file.
In order to e-file, you will need to register as a user. This can be done by creating a new account, using a City of New York email address, or by using Apple, Facebook, Google, LinkedIn, Microsoft or Yahoo.
• Person Filing: The person completing and submitting the form on-line is the person filing. You must provide your correct contact information and advise OCB and all parties if it changes.
• Type of Petition: Select who you are filing on behalf of – a union, an employer or an individual.
• Type of Case: Select either improper practice or representation.
• Sub Type: If you are filing an Improper Practice petition, select “standard.” If you are filing a Representation petition, select either representation or decertification.
• Petitioner: If you are filing the petition for your own individual claim, you are the petitioner and can check the box “Same as Person Filing,” and then complete the information on your mailing address.
• Petitioner Representative: If you have an attorney, click the box and complete the contact information requested.
• Employer: Click on the agency who is/was your employer. If you worked for a specific agency, click on “specific agencies” and you will be given a list of agencies. Select the agency that you work(ed) for.
• Bargaining Unit Involved: You do not need to complete these fields.
• Current Bargaining Agreement: Enter the expiration date of the current collective bargaining agreement that covers the titles in issue in your petition, if any. Check the box if there is no current collective bargaining agreement.
• Showing of Interest: your petition must be supported by 30% or more of the employees in the bargaining unit. Check yes or no, if you have the required support. The showing of interest can be submitted by regular mail or in person to the Office of Collective Bargaining. Contact the Director of Representation at 212-306-7160 or nyc-ocb@ocb.nyc.gov for further information.
• Other Interested Unions: If you are aware of another union that claims to represent the employees at issue in your petition, select the name of the union from the drop down list.
• Attachments: Any attachments you may have can be uploaded and submitted with your filing. In certain instances, a Petitioner may wish to submit, along with the petition, a statement or brief containing details to support its assertion of a question concerning representation, the appropriateness of the petitioned for bargaining unit, or other issues that the petition may raise. In most instances, OCB Rules do not require such information to be submitted with the petition, but such submission may expedite the processing of the case. OCB will provide such submissions to all other parties in the case if the Petitioner has not already done so.
To file a representation petition, click here.