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§ 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.