695-D - Procedure for recognition.

§  695-d.  Procedure  for  recognition.  1.  For  the  purpose of this  article, New York state shall recognize as  the  representative  of  the  child  care  providers  in  any  unit  set  forth in section six hundred  ninety-five-c of this article each representative as is designated by  a  majority  of  the  providers  in  the  unit  pursuant  to  the following  procedure:  A  perspective  representative  may   demonstrate   majority  designation  upon  submission  of  authorization  cards, approved within  twelve months of this submission, by the majority of  providers  in  the  unit,  to  the  state employment relations board (SERB) or any successor  agency for the purpose of review. The SERB  and/or  its  designee  shall  review the cards and if it determines that the cards constitute at least  fifty  percent  plus one of the providers in the unit at issue, then the  SERB shall certify  the  party  making  application  as  the  designated  representative of the unit.  If the SERB determines that cards submitted  constitute  at  least  thirty percent of providers in the unit at issue,  but not more than fifty percent, it  shall  conduct  an  election  in  a  manner  directed  by  the SERB and consistent with its standard election  procedure  to  determine  if  a  majority  of  members   designate   the  prospective representative.    2.  Any  relevant  state  agency, including the office of children and  family services shall provide the SERB  with  information  necessary  to  determine  the  size  of the units and the identities of members of said  unit subject to any limitations or dissemination of information  as  the  agency  believes  necessary  to protect confidentiality, or as otherwise  required by law.