Unlike private sector law (where supervisory personnel may not unionize), the right to unionize exists for all public employees excepting only those who have received a written and individualized designation from the NYS Public Employment Relations Board (PERB) to be either "managerial" or "confidential."  However, "managerial" doesn't mean "management," and "confidential" doesn't simply mean "handles confidential information." 

Employees may only be designated as "managerial" by PERB if they are persons: (i) who have significant input into policy or  (ii)  who  may reasonably  be  required to assist  directly in collective  negotiations or who have a major and non-routine role in personnel administration.

Employees may only be designated as "confidential" if they are persons who assist and act in a confidential capacity to managerial employees.  To obtain the designation of "confidential," the employee must be shown to actually be acting in a confidential capacity to a managerial employee, and the confidential capacity must relate to the managerial employee's collective bargaining/personnel administration duties.

If you can identify a person who meets either of the above criteria, you may file a petition with PERB to take the individual out of the union.  Important to note is that it is persons, not positions, which get designated by PERB, and that applications for such designations must be filed (under PERB rules) during specific time periods.

If you have any questions, consult with your village attorney.

Hon. Peter A. Bee