N.Y. CVS Law § 207

§ 207. Determination of representation status. For purposes of\nresolving disputes concerning representation status, pursuant to section\ntwo hundred five or two hundred six of this article, the board or\ngovernment, as the case may be, shall\n 1. define the appropriate employer-employee negotiating units taking\ninto account the following standards:\n (a) the definition of the unit shall correspond to a community of\ninterest among the employees to be included in the unit;\n (b) the officials of government at the level of the unit shall have\nthe power to agree, or to make effective recommendations to other\nadministrative authority or the legislative body with respect to, the\nterms and conditions of employment upon which the employees desire to\nnegotiate; and\n (c) the unit shall be compatible with the joint responsibilities of\nthe public employer and public employees to serve the public.\n 2. ascertain the public employees' choice of employee organization as\ntheir representative (in cases where the parties to a dispute have not\nagreed on the means to ascertain the choice, if any, of the employees in\nthe unit) on the basis of dues deduction authorization and other\nevidences, or, if necessary, by conducting an election.\n 3. certify or recognize an employee organization upon (a) the\ndetermination that such organization represents that group of public\nemployees it claims to represent, and (b) the affirmation by such\norganization that it does not assert the right to strike against any\ngovernment, to assist or participate in any such strike, or to impose an\nobligation to conduct, assist or participate in such a strike.\n