Leg. Ser. Staff Ass. v. HRA, et. Al, 12 OCB 85 (BOC 1973) [Decision No. 85-73 (Cert.)] OFFICE OF COLLECTIVE BARGAINING BOARD OF CERTIFICATION --------------------------------X In the Matter of LEGAL SERVICES STAFF ASSOCIATION Petitioner DECISION NO. 85-73 -and- DOCKET NOS. RU-340-72 RE-25-73 COUNCIL AGAINST POVERTY (HUMAN RESOURCES ADMINISTRATION) and COMMUNITY ACTION FOR LEGAL SERVICES, INC., and the DELEGATE CORPORATIONS OF CALS Respondent --------------------------------X A P P E A R A N C E S: CAMMER & SHAPIRO, P.C. by Ralph Shapiro, Esq for the Association WILLIAM BABISKIN, ESQ. Office of Labor Relations for the Employer CERTIFICATION OF REPRESENTATIVE AND ORDER On August 13, 1973 the Board issued its Decision and Direction of Election No. 65-73 herein providing that: “Employees who are contended to be managerial or confidential by the Employer may vote challenged ballots. If a sufficiently large majority of unchallenged ballots are cast in favor of representation by the Association, so that inclusion of the challenged ballots could not affect the outcome of the election, we shall direct prompt issuance of an appropriate certification, and we shall direct the Trial Examiner to hold a further
-2-hearing in this case so that we may determine the managerial or confidential status of the employees
-3-listed above. Any such employees found not to be either managerial or confidential will be included by the Board in the cited unit. On the other hand, if inclusion of the challenged ballots would be dispositive of the outcome of the election, any certification will be delayed until appropriate determinations of the managerial confidential issues are made.” The election was conducted on October 18, 1973 and of a total of 188 ballots deposited in the ballot box, 131 were for the Union, 4 were against the Union and 53 ballots were challenged and therefore not counted. Thus, inclusion of the challenged ballots will not affect the outcome of the election. No objections to the election have been filed and the time to do so has expired. Therefore, pursuant to Decision No.65-73, we shall certify the Union as the exclusive bargaining representative of the employees in the unit found appropriate by the Board and direct that a further hearing be held to determine the status of employees who voted challenged ballots or who were eligible to do so. NOW, THEREFORE, pursuant to the powers vested in the Board of Certification by the New York City Collective Bargaining Law, it is hereby CERTIFIED that the Legal Services Staff Association is the exclusive representative for the purposes of collective bargaining of the employees of CALS and its delegate agencies excluding the following employees who are managerial or confidential:
-4-Central Administration Chief Counsel Managerial Special Asst. to Chief Counsel Confidential Senior Attorney Managerial Administrative Officer Managerial Internal Auditor Confidential Budget Director Confidential Executive Administrator Confidential Executive Secretary Confidential Comptroller Managerial MFY Legal Services, Inc Director Managerial Executive Administrator Managerial Associate Director Managerial Managing Attorney Managerial Social Worker Managerial Harlem Assertion of Rights Executive Director Managerial Managing Attorney Confidential Bedford Stuyvesant Legal Services, Inc. Executive Director Managerial Executive Secretary Confidential Brooklyn Legal Services, Inc. (Williamsburugh) Attorney in Charge Managerial Brooklyn Legal Services, Inc. (E.N.Y. & Brownsville) Attorney in Charge Managerial Brooklyn Legal Services, Inc. (South Brooklyn) Project Director Managerial Queens Legal Services, Inc. (South Jamaica & L.I.C.) Project Director Managerial Attorney in Charge Managerial
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-6-Manhattan Legal Services (East Harlem) Attorney in Charge Managerial Bronx Legal Services, Inc.(Morrisiana) Attorney in Charge Managerial Managing Attorney Managerial and it is further ORDERED, that a hearing be held to determine the managerial or confidential status of the following employees Who are not included in the present certification pending decision on their managerial or confidential status: Central Administration Bookkeeper Assistant Bookkeeper MFY Legal Services, inc. Executive Secretary Harlem Assertion of Rights Director of Community Development Director of Law Reform Executive Secretary Bedford Stuyvesant Legal Services, Inc. Director Community Development Director Law Reform Administrator Brooklyn Legal Services, Inc. (Williamsburgh) Director Community Development Executive Secretary
-7-Brooklyn Legal Services, Inc. (E.N.Y. & Brownsville) Director Community Development Director of Litigation Executive Secretary Brooklyn Legal Services, Inc. (South Brooklyn) Sr. Attorney (CDLR) Sr. Attorney - Matrimony Executive Secretary (1/3) Queens Legal Services, Inc. (South Jamaica & L.I.C.) Executive Secretary Manhattan Legal Services (East Harlem) Director of Community Development Executive Secretary Bronx Legal Services, Inc. (Morrisiana) Executive Secretary Bronx Legal Services (Hunts Point & Landlord and Tenant) Unit Director CDLR Executive Secretary DATED: New York, N.Y. October 29, 1973 ARVID ANDERSON Chairman WALTER L. EISENBERG Member ERIC J. SCHMERTZ Member
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