February 1, 2002 
Directors of Human Resources To: 
Joyce Villa From: 
Representation Campaign Activities Subject:
As you know, the Public Employment Relations Board (PERB) has 
created a new bargaining unit consisting of certain titles previously found in the 
Security Services Unit (01). These titles are found in SUNY, the Office of Parks, 
Recreation and Historic Preservation and the Department of Environmental 
Conservation. Currently, four employee organizations are seeking the right to 
represent this unit. Those organizations are the: 1) New York State Correctional 
Officers and Police Benevolent Association, Inc. (NYSCOPBA), 2) Law 
Enforcement Officers Union, Council 82, AFSCME, AFL-CIO (C82), 3) New 
York State Coalition of Police (NYCOP) and 4) Local 15 of IUPA. 
All employee organizations involved except NYSCOPBA are currently in 
the process of getting a showing of interest from the employees in this new unit. 
The showing of interest is required to be submitted no later than the close of 
business March 8, 2002. After that date, PERB will determine which employee 
organizations are entitled to be placed on the ballot and hold an election. 
Organizational and representation campaigns are subject to the State’s 
policy and guidelines set forth in Section 12 of the Employee Relations Manual. 
A copy is attached for your information. Section 12 provides that the position of 
the State during any organization campaign pre-election period or election period 
is one of complete neutrality, and establishes limitations on employee 
organization activity to assure that this objective is met and to prevent undue 
interference with State operations. 
The Guidelines contained in Section 12 allow certain organizational 
activities to take place, including the posting of meeting notices and the 
placement of staffed tables in non-work areas for the distribution of literature, 
obtaining of signatures, etc. The unions have been provided copies of the 
information in this memorandum and the attached Guidelines. It is expected that 
employee organizations will provide you with requests for access to a work 
location at least 24 hours in advance. These activities are permissible until you 
are advised otherwise.
Please take the necessary steps to assure that the activities described in 
paragraphs 4 (Use of State Facilities for Meetings), 6 (Organizational Activities in 
an Agency by Employees of Some Other Agency or Persons not Employed by the 
State), and 7 (Use of Bulletin Boards, Posting of Organizational Materials and 
Utilization of Agency Communications Systems) of the Guidelines are conducted 
as described in the complaint procedure in the attachment. If you receive any 
complaints regarding activities by the union or their agents, please contact Pamela 
Miller Williams at (518) 443-5680 or e-mail her at williapm@sysadm.suny.edu. 
We will keep you informed of further developments as they occur. 
Attachment 
c: Mr. Miller 
Mr. Edwards 
Dr. Murabito 
Presidents, State-operated Campuses 
Vice Presidents for Administration 
University Chiefs of Police
May 1975 Page 12.3 Employee Relations Manual 
GUIDELINES FOR 
ORGANIZATIONAL ACTIVITIES AND CAMPAIGNS 
1. Position of the State. Employees have the right under Section 202 of the 
Taylor Law to form, join and participate in, or to refrain from forming, joining or 
participating in, any employee organization of their own choosing. Employee 
organizations have the derivative right to undertake to persuade public employees 
to engage in organizational activities, including the signing of authorization cards 
and election petitions. 
The State’s position is one of neutrality during organizational campaigns, preelection 
periods and the election process. Management/confidential employees 
shall not use their official positions to help or hinder employee organizational 
campaigns or activities, nor shall management/confidential employees permit 
employees under their supervision to use their official positions to help or hinder 
such activities. 
The State shall not harass, coerce, promise or give special treatment to 
employees in an effort to influence them to join or support a particular employee 
organization or to participate in its activities. Management/confidential 
employees shall not distribute material or any information to any employee 
organization or interrogate any employee concerning his or her organizational 
activities. 
Organizational activities by employee organizations must be conducted so as 
not to interfere with the staff and efficient conduct of State operations and the 
discharge of work responsibilities by State employees. The State shall take 
appropriate action to prevent the violation of these guidelines by any person 
acting on behalf of an employee organization. 
2. Requests for Lists of Names and Addresses of Employees and Related 
Information. Lists of names and addresses of employees and related information 
demanded for organizational purposes will not be released by any department, 
agency or board. Agencies receiving requests for such lists should transmit them 
to OER. OER will provide such information to all employee organizations, 
incumbents and challengers alike, upon request and appropriate charges for such 
lists will be made. An employee organization shall be provided such information 
unless there is substantial evidence that the organization is seeking this 
information for purposes unrelated to organizational activities among the 
employees in the negotiating unit involved.
May 1975 Page 12.3 Employee Relations Manual 
3. Policy of Nondiscrimination Between Incumbent Organizations and 
Challenging Organizations. All organizations shall have equal access to 
employees for campaign purposes, i.e., soliciting memberships, distributing 
literature, obtaining signatures on authorization cards and petitions and related 
activities during a campaign period. When an employee organization has been 
recognized or certified as the representative of the employees in a negotiating 
unit, the campaign period shall begin no earlier than 90 days prior to the date 
upon which the incumbent organization’s representation status is subject to 
challenge under Section 208 of the Taylor Law. 
4. Use of State Facilities for Meetings. The State will not make meeting space 
in buildings or areas which it owns or leases available to an employee 
organization for campaign purposes (as defined above in subdivision 3) except 
under the following conditions: (a) suitable space is not reasonably available 
elsewhere in the area, (b) the employee organization reimburses the State for any 
costs which the State incurs as a result of making such space available, and (c) the 
organization requests the use of such space in advance, pursuant to the rules of the 
department or agency concerned. 
No employee shall be released from work for the purpose of attending such 
meetings. 
5. Organizational Activities in an Agency by Employees of That Agency. 
Discussions between and among such employees concerning organizational 
activities, the solicitation of organizational support, and the distribution of 
membership and authorization cards and organizational literature during 
nonworking hours and in nonworking areas, such as lounges, restaurants and 
cafeterias, are permissible. Such activities shall not impair the safe and efficient 
conduct of the operation, nor shall they interfere with work duties or work 
performance. 
6. Organizational Activities in an Agency by Employees of Some Other Agency 
or Persons not Employed by the State. Such persons shall have access to 
employees for the purpose of soliciting memberships, distributing literature, 
obtaining signatures on authorization cards, and other organizational activities in 
parking lots, entrances to buildings, and other areas to which members of the 
public are admitted, provided that such activities do not inhibit the movement of 
people or vehicles, impair the safe and efficient conduct of the operation, or 
interfere with work duties or work performance. 
Employee organizations shall be permitted to set up manned tables in such 
areas during normal working hours subject to the proviso set forth above.
May 1975 Page 12.4 Employee Relations Manual 
7. Use of Bulletin Boards, Posting of Organizational Materials, and Utilization 
of Agency Communications Systems. The policy of nondiscrimination set forth in 
subdivision 3 above shall be applicable to the use of bulletin boards and the 
posting of materials for campaign purposes (as defined in subdivision 3 above). 
Meeting notices and other organizational materials shall not be hung upon, 
posted or otherwise affixed to the walls, doors, windows or other appurtenances 
of facilities and buildings owned or leased by the State. The State’s inter- and 
intra-agency office mail, messenger, reproduction and similar facilities shall not 
be used for the distribution or duplication of organizational materials. 
PROCEDURES FOR HANDLING COMPLAINTS 
Agencies should designate responsible officials at the local level to receive 
initial complaints at that level. The employee organization will be asked to direct 
the complaints, insofar as possible, to the appropriate level. Complaints should be 
addressed in the first instance to the local level. If the institution or local designee 
cannot dispose of the problem or has any questions as to how to handle it, he 
should request advice of the agency central office designee. If the central office 
designee cannot dispose of the complaints or would like advice from OER as to 
the State’s policy with respect to the complaint, the matter should be referred to 
OER. When calling OER, the designee should state that he is a central designee 
and wishes to consult about campaign practices. He will be referred promptly to 
the appropriate OER staff member. 
If one of the local or central office’s designee has disposed of a complaint 
which he feels is particularly significant, a report of such disposition should be 
sent to OER. 
In connection with the disposition of complaints, local supervision should 
exercise its best judgment in applying the following guidelines: 
1. Disposition of complaints should be handled quickly by informal contacts, 
such as a telephone call or, if essential, by an informal meeting of as small a 
group as is necessary to dispose of the matter. 
2. The general standards for disposition are (a) even-handed treatment of 
interested employee organizations, (b) avoidance of annoyance to the public and 
(c) avoidance of interference with the agency’s operation.
March 1975 Page 12.8 Employee Relations Manual 
PROCEDURES FOR HANDLING EMPLOYEE 
ORGANIZATION COMPLAINTS OF ALLEGED UNEQUAL 
TREATMENT AND SIMILAR COMPLAINTS 
DURING REPRESENTATION ELECTION COMPAIGNS 
Where appropriate, agencies should designate responsible officials at the local 
level to receive initial complaints at that level. The employee organization will be 
asked to direct the complaints, insofar as possible, to the appropriate level. 
Generally, complaints should be addressed in the first instance to the local level. 
If the institution or local designee cannot dispose of the problem or has any 
questions as to how to handle it, he should request advice of the agency central 
office designee. If the central office designee cannot dispose of the complaint or 
would like advice from OER as to the State’s policy with respect to the complaint, 
the matter should be referred to OER. When calling OER, the designee should 
state that he is a central designee and wishes to consult about campaign practices. 
He will be referred promptly to the appropriate OER staff member. 
If one of the local or central offices designees has disposed of a complaint 
which he feels is particularly significant, a report of such disposition (on the 
attached form if possible) should be sent to OER. 
In connection with the disposition of complaints, the following guidelines 
should be followed: 
1. Disposition of complaints should be handled quickly by informal contacts 
such as a telephone call or, if essential, an informal meeting of as small a group as 
necessary to dispose of the matter. 
2. Genuine consideration should be given to employee organization views. 
The overall standards for disposition are (a) even-handed treatment of interested 
employee organizations, (b) avoidance of annoyance to the public and (c) 
avoidance of interference with the agency’s operation. Disposition of complaints 
are matters on which local supervision will have to use its best judgment.
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