Section 12-309. Powers and duties of board of collective bargaining; board of certification; director

a. Board of collective bargaining. The board of  collective bargaining, in addition to such other powers and duties as it
  has under this chapter and as may be conferred upon it from time to time
  by law, shall have the power and duty:
    (1)   on   the  request  of  a  public  employer  or  public  employee
  organization  which  is  a  party  to  a  disagreement  concerning   the
  interpretation  or  application  of  the  provisions of this chapter, to
  consider such disagreement and report its conclusion to the parties  and
  the public;
    (2)  on  the  request  of a public employer or certified or designated
  employee organization to make a final  determination  as  to  whether  a
  matter is within the scope of collective bargaining;
    (3)  on  the request of a public employer or a certified or designated
  employee organization which is party to a grievance,  to  make  a  final
  determination  as to whether a dispute is a proper subject for grievance
  and arbitration procedure established pursuant to section 12-312 of this
  chapter;
    (4) to prevent and remedy improper public employer and public employee
  organization practices, as such practices are listed in  section  12-306
  of  this  chapter. For such purposes, the board of collective bargaining
  is empowered to establish procedures,  make  final  determinations,  and
  issue appropriate remedial orders;
    (5)  to recommend any needed changes in the provisions of this chapter
  or of an executive order;
    (6) to hold hearings and compel the attendance of  witnesses  and  the
  production of documents;
    (7) to adopt rules and regulations for the conduct of its business and
  the   carrying  out  of  its  powers  and  duties  including  rules  and
  regulations governing the procedures to be  followed  by  mediation  and
  impasse  panels  constituted  pursuant  to subdivision b or c of section
  12-311 of this chapter;
    (8) where either  party  to  collective  bargaining  negotiations  has
  rejected in whole or in part the recommendations of an impasse panel, to
  review such recommendations as provided in paragraph four of subdivision
  c of section 12-311 of this chapter.
    b.  Board of certification. The board of certification, in addition to
  such other powers and duties as it has under this chapter and as may  be
  conferred  upon  it  from  time to time by law, shall have the power and
  duty:
    (1) to make final determinations of the units appropriate for purposes
  of collective bargaining between public employers  and  public  employee
  organizations,  which  units  shall  be  such  as shall assure to public
  employees the fullest freedom of exercising the rights granted hereunder
  and under executive orders, consistent with the efficient  operation  of
  the public service, and sound labor relations, provided that in any case
  involving a petition for certification where supervisory or professional
  employees   petition  to  be  represented  for  purposes  of  collective
  bargaining separate and apart from non-supervisory  or  non-professional
  employees,  or  where  a  petition  for  certification  has  been  filed
  requesting a unit of  supervisory  and  non-supervisory  or  a  unit  of
  professional  and  non-professional  employees  and  the public employer
  objects thereto, the board  of  certification  shall  not  include  such
  supervisory  or  professional  employees  in  a  bargaining  unit  which
  includes  non-supervisory  or  non-professional  employees  respectively
  unless a majority of the supervisory or professional employees voting in
  an election vote in favor thereof;

    (2)  to  determine the majority representative of the public employees
  in an appropriate collective bargaining unit by conducting secret-ballot
  elections or by utilizing any  other  appropriate  and  suitable  method
  designed  to  ascertain the free choice of a majority of such employees,
  to  certify the same as the exclusive bargaining representative thereof;
  to designate representatives; and to determine the length of time during
  which such certification or designation shall remain in effect and  free
  from challenge or attack;
    (3)  to  decertify  as exclusive bargaining representative an employee
  organization which has been found by secret-ballot election no longer to
  be  the  majority  representative,  or  which  shall  otherwise   become
  ineligible  for  certification under the provisions of this chapter, and
  to terminate or vacate designations of representatives;
    (4) to determine whether specified public employees are managerial  or
  confidential  within  the  meaning  of  subdivision seven of section two
  hundred one of  the  civil  service  law  and  thus  are  excluded  from
  collective bargaining;
    (5)  to  hold  hearings and compel the attendance of witnesses and the
  production of documents; and
    (6) to adopt rules and regulations for the conduct of its business and
  the carrying out of its powers and duties, including rules  relating  to
  the standards for determination of bargaining units.
    c.  Director. The director in addition to such other powers and duties
  as he or she has under this chapter and as may be  conferred  upon  such
  director from time to time by law, shall have the power and duty:
    (1)  To  oversee  adherence  to  the provisions of this chapter and to
  administer the provisions of section 12-311  of  this  chapter  and  the
  rules  and  regulations  adopted  by the board of collective bargaining,
  subject to the direction of such board;
    (2) To administer the provisions of subdivision b of this section  and
  the rules and regulations adopted by the board of certification, subject
  to the direction of such board;
    (3)  To  maintain  communication  with  public  employers  and  public
  employee organizations engaged in collective bargaining negotiations, to
  facilitate such negotiations  by  furnishing  at  the  request  of  both
  parties,  such data or information as may aid them therein, and, if such
  director determines that either party is remiss in its  obligations,  to
  communicate this information as he or she deems appropriate;
    (4)  On  the  request  of  the mayor, to make available the mediation,
  impasse, and arbitration services of the office of collective bargaining
  to public employers and  public  employee  organizations  not  otherwise
  entitled  to  make use thereof at a cost to them to be determined by the
  board; and
    (5) To direct the operations of the staff of the office of  collective
  bargaining.