DC37, L.375 v. City, 12 OCB 6 (BOC 1973) [Decision No. 6-73 (Cert.)] OFFICE OF COLLECTIVE BARGAINING BOARD OF CERTIFICATION - - - - - - - - - - - - - - - - - - X In the Matter of DISTRICT COUNCIL 37, AFSCME, DECISION NO. 6-73 AFL-CIO and ITS AFFILIATED LOCAL 375 DOCKET NO. RU-343-72 -and-THE CITY OF NEW YORK AND RELATED PUBLIC EMPLOYERS - - - - - - - - - - - - - - - - - - X DECISION AND ORDERS On October 12, 1972, District Council 37, AFSCME, AFL-CIO (herein called Petitioner) filed its petition requesting that the titles of Instrument Maker (Radiology) and Telemetric Systems Specialist be added to Certification No.38-71, covering various non-professional construction and engineering - related titles. Upon consideration of its investigation and after due deliberation, the Board of Certification issues the following decision: I. Prior Certification Instrument Maker (Radiology) was previously certified to the Instrument Makers Association (Decision No.1-69). This organization was notified of the proceeding herein, but failed to respond. Accordingly, the Association is deemed to have disclaimed interest in the matter.
Decision No. 6-73 Docket No. RU-343-72 2. II. The Appropriate Unit and Representative Status Petitioner seeks to add the petitioned titles to an existing unit of non-professional, non-supervisory construction and engineering-related titles. The City has not stated its position on the petition. We find that Instrument Maker (Radiology), together with the titles covered by Certification No.38-71, constitute a unit appropriate for the purposes of collective bargaining. However, we find that Telemetric Systems Specialist is a professional title, inasmuch as employees in the title supervise the work of "subordinate graduate scientists." Moreover, the educational requirement for this title is a baccalaureate degree with a major in electronics. Therefore, it would be inappropriate to include this title in a non-professional unit. On the contrary, we find that it properly belongs in Certification No.60-71, which covers various professional engineering, architectural, scientific and related titles. The latter unit is also certified to petitioner. It appears to the satisfaction of the Board that a majority of employees in each of the units found appropriate above, have demonstrated their desire to be represented by
Decision No. 6-73 Docket No. RU-343-72 2. District Council 37, AFSCME, AFL-CIO and its affiliated Local 375, by having authorized dues check-off in behalf of said organization. 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 Certification No.38-71 be, and the same hereby is amended to include the title of Instrument Maker (Radiology), subject to existing contracts, if any; and it is further ORDERED, that Certification No.60-71 be, and the same hereby is amended to include the title of Telemetric Systems Specialist, subject to existing contracts, if any DATED: New York, N.Y. February 5, 1973 ARVID ANDERSON CHAIRMAN ERICJ. SCHMERTZ MEMBER WALTER L. EISENBERG MEMBER
Decision No. 6-73 Docket No. RU-343-72 The titles and title code numbers of employees affected by this decision are as follows: Telemetric Systems Specialist 20238 Instrument Maker (Radiology) 90722
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