When is judicial review of PERBs determination in a representation proceeding available?
Orders of the Public Employment Relations Board or its agents made pursuant to its power to define the appropriate employer-employee negotiating unit (Civil Service Law Section 207 [1]), or to ascertain employees’ choice of employee organization as their representative (Civil Service Law Section 207 [2]) can be reviewed only in a proceeding brought to review an order of PERB made pursuant to its power to certify an employee organization under Civil Service Law Section 207 (3). Petitions for judicial review that are started before PERB issues a certification order or an order dismissing a representation petition are premature and the courts will dismiss them.
