IF YOU DON'T HAVE AN ATTORNEY
The Office of Collective Bargaining (OCB) is an impartial, tri-partite governmental agency which administers the New York City Collective Bargaining Law (NYCCBL). The NYCCBL gives OCB and its two Boards, the Board of Collective Bargaining and the Board of Certification, the authority to determine improper practice claims and representation petitions.
Which employees are covered by the NYCCBL?
You are covered by the NYCCBL if you are employed by either a New York City municipal agency (which includes but is not limited to all mayoral agencies) or any of the following public employers: the Health & Hospitals Corporation, the Housing Authority, the Off-Track Betting Corporation, the Board of Elections, the Comptroller, the Borough Presidents, the District Attorneys for each borough, and the Public Administrators for each borough.Click here for a list of agencies covered by the NYCCBL.
What is an Improper Practice?
The NYCCBL defines certain improper practices by employers and/or unions. For example, it is an improper practice for a public employer or its agents to discriminate or retaliate against any employee for the purpose of discouraging membership in, or participation in union activities. In addition, it is an improper practice for a union to breach its duty to fairly represent employees in the bargaining unit for which it is certified. For purposes of the NYCCBL, discrimination has a more limited meaning than what it may have under other local, state, and federal non-discrimination laws. The practices or conduct which the NYCCBL prohibits does not include every complaint you may have about your employer or your union. You should read the NYCCBL and the cases that interpret it to see if your complaint falls within OCB's jurisdiction. For more information on whether your case is one which this agency is authorized to address your claim and how to file an improper practice petition with the OCB, refer to the Guide for Improper Practice Petitions, or call or write the OCB Pro Se Officer.
What is a Representation Petition?
Public employees can file representation petitions to request representation by a labor union, or to change or eliminate the union which represents a bargaining unit. Petitions can also be filed by unions and employers to create, modify or decertify a bargaining unit. Click here for a brief description of the various types of petitions. In most representation cases, the Board of Certification will investigate whether the employees are eligible for collective bargaining and/or whether the requested bargaining unit is appropriate. Public employees are presumed eligible for collective bargaining; they are ineligible only if the Board of Certification determines that they are managerial and/or confidential. Click here for definitions of managerial and confidential. Many petitions must be filed within a precise window period and require a showing of interest among the employees. For more information on whether you can properly file a representation petition, and how to file a petition with the OCB, refer to the Guide for Representation Petitions, or call or write the Director of Representation.Click here for a list of currently pending representation cases.