DC37 v. City, 10 OCB 21 (BOC 1972) [Decision No. 21-72 (Cert.)] OFFICE OF COLLECTIVE BARGAINING BOARD OF CERTIFICATION --------------------------------X In the Matter of DISTRICT COUNCIL 37, AFSCME, DECISION NO.21-72 AFL-CIO -and-DOCKET NO. RU-287-71 THE CITY OF NEW YORK AND RELATED PUBLIC EMPLOYERS --------------------------------X DECISION AND ORDER District Council 37, AFSCME, AFL-CIO (herein called Petitioner), filed its petition herein on November 9, 1971, requesting to amend Certification No.11-72 by adding the titles of Correctional Aide And Correctional Counselor, and to amend Certification No.63-71, as previously amended by Decision No.74-71, by adding the titles of Correctional Supervisor, Correctional Tour Commander and Correctional Program Director. The cited Certifications are held by Petitioner. Upon consideration of its investigation, and after due deliberation, the Board of Certification issues the following decision: I. Undisputed Matters It is undisputed, and we find and conclude, that Petitioner is a public employee organization in fact and within the meaning of the New York City Collective Bargaining Law.
Decision No.21-72 2 Docket No. RU-287-71 II. The Appropriate Unit and Representative Status. The City Civil Service Commission classified the titles of Correctional Aide, Correctional Counselor, Supervising Correctional Counselor and Principal Correctional Counselor by Resolution No.72-6, dated February 17, 1972. The Board has been informed by the Project Director, Correctional Aide Program, that (a) the titles of Correctional Aide and Correctional Counselor, originally proposed and currently in use by the Department of Correction, have been so classified; (b) the title of Correctional Supervisor, also currently in use in the Department, has been classified as Supervising Correctional Counselor; (c) the title of Correctional Tour Commander, also still used, has been classified as Supervising Correctional Counselor, too; and (d) the title of Correctional Program Director, has been classified, by the cited Resolution, as Principal Correctional Counselor. The parties agree, and it appears to the satisfaction of the Board, that Correctional Aide and Correctional Counselor should be added to Certification No.11-72, covering various non-supervisory social service and related titles. The City
Decision No.21-72 3 Docket No. RU-287-71 has not objected to the addition of Supervising Correctional Counselor to Certification No.63-71, as previously amended, covering various supervisory social service and related titles. Since there are incumbents serving in the petitioned titles of Correctional Supervisor and Correctional Tour Commander, we shall also add these titles to the supervisory unit, in addition to the Supervising Correctional Counselor title. The City has opposed certification of the title of Principal Correctional Counselor (incumbents are currently serving as Correctional Program Directors) on the grounds that it is managerial. Accordingly, we shall sever these titles from the instant case and direct a hearing on the City’s allegation with respect to the managerial status of employees in these titles. It appears from our investigation that a majority of the employees in each of the units found appropriate have authorized dues check-off in behalf of Petitioner. Accordingly, we shall amend Certification No.11-72 to include the titles of Correctional Aide and Correctional Counselor, and Certification No.63-71, as previously amended, to include Correctional Supervisor, Supervisor Correctional Counselor, and Correctional Tour Commander.
Decision No.21-72 4 Docket No. RU-287-71 0 R D E R Pursuant to the powers vested in the Board of Certification by the New York City Collective Bargaining Law, it is hereby ORDERED that so much of Case No. RU-287-71 as relates to Principal Correctional Counselor (Correctional Program Director) is hereby severed and a hearing directed on the issue of managerial status of employees in such title; and it is further ORDERED that Certification No.11-72 be, and the same hereby is, amended to include the titles of Correctional Aide and Correctional Counselor and, as amended, such unit shall consist of Addiction Aides, Addiction Specialists (including specialty), Assistant Area Services Coordinators, Area Services Coordinators, Case Aides, Assistant Case Workers, Case Workers, Children’s Counselors, Community Liaison Aides, Community Liaison Trainees, Assistant Community Liaison Workers, Community Service Aides, Assistant Community Organization Specialists (Urban Renewal), Community Organization Specialists (Urban Renewal), Community Aides (Model Cities), Community Trainees (Model Cities), Assistant Community Specialists (Model Cities), Correctional
Decision No.21-72 5 Docket No. RU-287-71 Aides, Correctional Counselors, Hospital Care Investigators, Home Economist Trainees, Home Economists, House Parents, Senior House Parents, Human Resources Aides, Human Resources Technicians (including specialty), Senior Human Resources Technicians (including specialty), Human Resources Specialist Trainees, Human Resources Specialists (including specialty), Senior Human Resources Specialists (including specialty), Program Coordinators (Model Cities), Senior Program Coordinators (Model Cities), Program Specialists (Model Cities), Senior Program Specialists (Model Cities), Research Assistants (Behavioral Sciences), Senior Citizen Aides (office for the Aging), Senior Citizen Specialists I (office for the Aging), Senior Citizen Specialists II (office for the Aging), Teacher Aides (Day Care Center), Assistant Teachers (Day Care Center), Vocational Counselors (Methadone Maintenance Treatment Program), and employees in restored Rule X titles who are serving in positions equated thereto, employed by the City of New York and related public employers subject to the jurisdiction of the Board of Certification, and subject to existing contracts, if any; and it is further ORDERED that Certification No.63-71, as amended by Decision No.74-71, be, and the same hereby is, further amended to include the titles of Correctional Supervisor, Supervising
Decision No.21-72 6 Docket No. RU-287-71 Correctional Counselor, and Correctional Tour Commander, and, as amended, such unit shall consist of Addiction Services Education Specialists, Senior Addiction Specialists, Supervising Addiction Specialists, Senior Area Services Coordinators, Supervising Area Services Coordinators, Senior Children’s Counselors, Senior Community Organization Specialists (Urban Renewal), Community Specialists (Model Cities), Senior Community Specialists (Model Cities), Community Liaison Workers, Senior Community Liaison Workers, Correctional Supervisors, Supervising Correctional Counselors, Correctional Tour Commanders, Senior Hospital Care Investigators, Supervising Hospital Care Investigators, Principal Hospital Care Investigators, Supervising Human Resources Specialists (including specialties), Supervisors I (Child Welfare), Supervisors II (Child Welfare), Supervisors III (Child Welfare), Supervisors I (Welfare), Supervisors II (Welfare), Supervisors III (Welfare), and employees in restored Rule X titles who are serving in positions equated thereto, employed by the City of New York and related public employers subject to the jurisdiction of the Board of Certification, and subject to existing contracts, if any. DATED: New York, N.Y. May 1,1972 ARVID ANDERSON CHAIRMAN WALTER L. EISENBERG MEMBER ERIC J. SCHMERTZ MEMBER
Decision No.21-72 Docket No. RU-287-71 The titles and title code numbers of the employees affected by this decision are as follows: A. Correctional Aide 51271 Correctional Counselor 51273 B. Correctional Supervisor - Supervising Correctional Counsel 51275 Correctional Tour Commander - -
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