Mohawk Valley Nursing Home, Inc. v. New York State Public Employment Relations Board

OPINION OF THE COURT

Harvey, J.

In April 1990, respondent United Food and Commercial Workers District Union Local 1, AFL-CIO (hereinafter UFCW) petitioned respondent Public Employment Relations Board (hereinafter PERB) to certify UFCW as the bargaining representative of certain of petitioner’s employees. PERB ultimately approved a consent agreement between petitioner and UFCW in which it was agreed that a secret ballot election would be conducted. The consent agreement further provided that eligible voters were those "in the employ of [petitioner] on 6/29/90” and "who are so employed on the…