N.Y. LAB Law § 695-D

§ 695-d. Procedure for recognition. 1. For the purpose of this\narticle, New York state shall recognize as the representative of the\nchild care providers in any unit set forth in section six hundred\nninety-five-c of this article each representative as is designated by a\nmajority of the providers in the unit pursuant to the following\nprocedure: A perspective representative may demonstrate majority\ndesignation upon submission of authorization cards, approved within\ntwelve months of this submission, by the majority of providers in the\nunit, to the state employment relations board (SERB) or any successor\nagency for the purpose of review. The SERB and/or its designee shall\nreview the cards and if it determines that the cards constitute at least\nfifty percent plus one of the providers in the unit at issue, then the\nSERB shall certify the party making application as the designated\nrepresentative of the unit. If the SERB determines that cards submitted\nconstitute at least thirty percent of providers in the unit at issue,\nbut not more than fifty percent, it shall conduct an election in a\nmanner directed by the SERB and consistent with its standard election\nprocedure to determine if a majority of members designate the\nprospective representative.\n 2. Any relevant state agency, including the office of children and\nfamily services shall provide the SERB with information necessary to\ndetermine the size of the units and the identities of members of said\nunit subject to any limitations or dissemination of information as the\nagency believes necessary to protect confidentiality, or as otherwise\nrequired by law.\n