L.1070, DC37 v. City, et. Al, 12 OCB 44 (BOC 1973) [Decision No. 44-73 (Cert.)] OFFICE OF COLLECTIVE BARGAINING BOARD OF CERTIFICATION --------------------------------X In the Matter of LOCAL 1070, DISTRICT COUNCIL 37, AFSCME, AFL-CIO -and-DECISION NO., 44-73 THE JUDICIAL CONFERENCE OF THE DOCKET NO. RB-38-73 STATE OF NEW YORK -and-THE CITY OF NEW YORK --------------------------------X DECISION AND ORDER By a Notice of Proposed Consolidation of Certifications, dated March 30, 1973, published in the City Record on April 5, 1973, the Board of Certification set forth its proposal to consolidate into a single bargaining unit all employees in the following six Certifications, held by Local 1070, D.C. 37, AFSCME: I. Certification 9 NYCDL No. 48, as amended by Decision No. 13-73 Principal Clerk, Principal Key Punch Operator, Principal Stenographer, and Foreman of Laborers. II. Certification 9 NYCDL No. 39 Head Clerk and Chief Clerk. III. Certification 9 NYCDL No. 42 Court Assistant. IV. Certification 8 NYCDL No. 104, as amended by Decision No. 26-68 Interpreter. V. Certification No. 44-70, as amended by Decision No. 21-73 Law Stenographer.
Decision No. 44-73 2 Docket No. RB-38-73 VI. Certification No 45-70, as amended by Decision No. 21-73 Senior Law Stenographer and Head Law Stenographer. Neither the Office of Labor Relations nor the Judicial Conference has objected to the Board’s proposed consolidation of units. However, District Council 37 objects to the con- solidation of all titles in one single unit and, instead, proposes the consolidation of units as follows: 1. Units designated “I”, “II” and “III” and all of the employees now covered by the separate certifications under those respective units should be included and combined in a single unit. 2. Units designated “V” and “VI” and all of the employees now covered by the separate certifications under those respective units should be included and combined in a single unit. 3. With respect to unit designated “IV”, and the certifi- fication covering Interpreters, the union contends that the work of Interpreters involves the mastery of a foreign language including its translation into English and vice versa. Thus, the union contends that Interpreters are not, for example, in the same category as Law Stenographers (units “V” and “VI” whose work is allegedly of a technical legal nature; nor is the work Interpreters the same as that of the employees in the other units (units “I”, “II” and “III”) whose work is basically administrative. Although informed thereof, the employers have not objected to the union’s objections and counter proposal. We have reviewed and re-evaluated the proposal made by us, as well as the proposal and objections made by the union. We find and conclude that the union’s proposals also have merit and would serve the collective bargaining process under the NYCCBL and, therefore, the same are hereby adopted. Accordingly, we shall effectuate the following consolidation of units:
Decision No. 44-73 3 Docket No. RB-38-73 1. All of the employees in units designated “I”, “II” and “III” in our proposal shall be placed in one bargaining unit; 2. All of the employees in units designated “V” and “VI” in our proposal shall be placed in a single unit; and 3. The Interpreters covered in the unit designated “IV” in our proposal shall remain in the unit now covered by Certification 8 NYCDL No. 104, as amended by Decision No. 26-68 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 Certifications 9 NYCDL NO. 48 (as amended by Decision No. 13-73), 9 NYCDL NO. 39 and 9 NYCDL NO. 42 be, and the same hereby are, combined and consolidated so as to constitute one bargaining unit, and, with respect to such con- solidated unit, it is hereby CERTIFIED, that Local 1070, District Council 37, AFSCME, AFL-CIO, is the exclusive representative for the purposes of collective bargaining of all employees in the consolidated unit, to wit: Principal Clerk, Principal Key Punch Operator, Principal Stenographer, Foreman of Laborers, Head Clerk, Chief Clerk, and Court Assistant, employed by the Unified Court System within the City of New York, subject to existing contracts, if any, covering any or all of said employees, and it is further ORDERED, that Certifications 44-70 and 45-70 (both amended by Decision No. 21-73) be, and the same hereby are, combined and consolidated so as to constitute one bargaining
Decision No. 44-73 4 Docket No. RB-38-73 unit, and, with respect to such consolidated unit, it is hereby CERTIFIED that Local 1070, District Council 37, AFSCME, AFL-CIO, is the exclusive representative for the purposes of collective bargaining of all employees in the consolidated unit, to wit: Law Stenographer, Senior Law Stenographer, and Head Law Stenographer, employed by the Unified Court System within the City of New York, subject to existing contracts, if any, covering any or all of said employees; and it is further ORDERED, that Local 1070, District Council 37, AFL-CIO, continues to be, and is, the exclusive certified representative of employees in the title of “Interpreter”, now covered by Certification 8 NYCDL No. 104, as amended by Decision No. 26-68, subject to existing contracts, if any. DATED: New York, N. Y. May 21, 1973 ARVID ANDERSON CHAIRMAN ERIC J. SCHMERTZ MEMBER WALTER L. EISENBERG MEMBER
Decision No. 44-73 Docket No. RB-38-73 The titles and title code numbers of the employees affected by this decision are as follows: Unit A Principal Clerk 08030 Principal Key Punch Operator 08058 Principal Stenographer 08180 Court Assistant 08205 Chief Clerk 08610 Foreman of Laborers 08620 Head Clerk 08621 Unit B Law Stenographer 08350 Senior Law Stenographer 08355 Head Law Stenographer 08360 Unit C Interpreter 08132
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