Leg. Ser. Staff Ass., et. Al v. HRA, et. Al, 14 OCB 46(BOC 1974) [( Decision No. 46-74 (Cert.)] OFFICE OF COLLECTIVE BARGAINING BOARD OF CERTIFICATION - - - - - - - - - - - - - - - - - - - X In the Matter of LEGAL SERVICES STAFF ASSOCIATION, DECISION NO. 46-74 Petitioner DOCKET NOS. RU-340-72 -and- RE-25-73 COUNCIL AGAINST POVERTY (HUMAN RESOURCES ADMINISTRATION) and COMMUNITY ACTION FOR LEGAL SERVICES, INC., and the DELEGATE CORPORATIONS OF CALS, Respondents. - - - - - - - - - - - - - - - - - - - X COUNCIL AGAINST POVERTY (HUMAN DOCKET NO. RE-40-74 RESOURCES ADMINISTRATION) and COMMUNITY ACTION FOR LEGAL SERVICES, INC., and the DELEGATE CORPORATIONS OF CALS, ` Petitioners, -and-LEGAL SERVICES STAFF ASSOCIATION, Respondent. - - - - - - - - - - - - - - - - - - - X A P P E A R A N C E S: Neil Lipton, Esq. Scott Forman, Esq. for the Employer David Lansner, Esq. for the Union DECISION AND CERTIFICATION
On October 29, 1973, the Board issued its Decision No. 85-73 in this case, certifying the Legal Services Staff Association as exclusive representative for the purposes of
Decision No. 46-74 Docket Nos. RU-340-72 RE-25-73 RE-40-74 2. collective bargaining of the employees of CALS and its delegate agencies except the employees as to whom there was an allegation by the City of managerial or confidential status, and as to those, the Board ordered a further hearing to determine their managerial or confidential status. Following lengthy but unsuccessful attempts by the parties to agree on the issues remaining for determination, hearings were held on July 29 and August 7 and 14, 1974. At the hearings, the parties again attempted to reach agreement, and the results of their efforts were embodied in a stipulation executed on August 14, 1974. The personnel structure of CALS and its delegate agencies differs from the typical civil service classification structure mandated in most public employer agencies under the Board's jurisdiction. At CALS, employees in various titles perform duties which differ from the duties performed by other employees in the very same titles. The duties may vary from one office location to another or they may differ within a single location. For this reason, the Board will accept the stipulation of the parties regarding the managerial and confidential status of the employees of CALS and its delegate agencies.
Decision No. 46-74 Docket Nos. RU-340-72 RE-25-73 RE-40-74 3. We note that, by stipulation, the parties have attempted to include in the unit two employees who were heretofore excluded in Decision 85-73. The Administrative Officer and the Budget Director of CALS Central Administration were previously determined by the Board to be, respectively, managerial and confidential. We shall not disturb that finding. Pursuant to the powers vested in the Board of Certification by the New York City Collective Bargaining Law, it is hereby CERTIFIED, that Legal Services Staff Association is the exclusive representative for the purposes of collective bargaining of the employees of CALS and its delegate agencies in the following titles: Reginald Heber Smith Fellows, Director of Law Reform, Director of Community Development, Director of Litigation, Director of Matrimonial nit, Senior Attorney, Staff Attorney(including specialties), Social Worker, Assistant Social Worker, Legal Services Assistant, Investigator, Staff Secretary, Executive Secretary, Clerk Messenger, Community Aide, Coordinating Attorney, Law Students paid 100% out of the budget of CALS, Law Clerk, Housing Consultant, Assistant Bookkeeper; and it is further
Decision No. 46-74 Docket Nos. RU-340-72 RE-25-73 RE-40-74 4. DETERMINED, that the following employees are excluded from the unit as managerial or confidential: CALS Central Administration Chief Counsel Managerial Special Asst. to Chief Counsel Confidential Assistant General Counsel* Managerial Director of Litigation* Managerial Administrative Officer Managerial Internal Auditor Budget Director Executive Administrator Comptroller Managerial Secretary to Assistant Confidential General Counsel Secretary to Director of Confidential Litigation & Training Executive Secretary to General Confidential Counsel Administrative Assistant Confidential Bookkeeper Confidential Assistant Bookkeeper Confidential MFY Legal Services, Inc. Director Managerial Executive Administrator Managerial Associate Director Managerial Managing Attorney Managerial Director of Social Work** Managerial Executive Secretary to Director Confidential Executive Secretary to Associate Director Confidential Harlem Assertion of Rights Chief Counsel*** Managerial Managing Attorney Managerial Director of Litigation Managerial Executive Secretary to Chief Counsel Confidential
*These employees were called "Senior Attorney" in Dec. No. 85-73. **This employee was called "Social Worker" in Dec. No. 85-73. ***This employee was called "Executive Director" in Dec. No. 85-73. Decision No. 46-74 Docket Nos. RU-340-72 RE-25-73 RE-40-74 5. Manhattan Legal Services Attorney-in-Charge Managerial Executive Secretary to Attorney-in-Charge Confidential Queens Legal Services, Inc. Project Director Managerial Managing Attorney* Managerial Executive Secretary to Project Director Confidential Executive Secretary to Managing Attorney Confidential Bronx Legal Services, Inc. Project Director* Managerial Managing Attorney Managerial Executive Secretary to Managing Attorney Confidential Executive Secretary to Project Director Confidential Bedford Stuyvesant Legal Services, Inc. Executive Director Managerial Director of Community Development Managerial Director of Law Reform Managerial Administrator Managerial Executive Secretary to Project Director Confidential
*This employee was called "Attorney-in-Charge" in Dec. No. 85-73.
Decision No. 46-74 Docket Nos. RU-340-72 RE-25-73 RE-40-74 6. Brooklyn Legal Services, Inc. "A" and "B" Attorney-in-Charge Managerial Director of Landlord and Tenants Unit Managerial Senior Attorney Managerial Managing Attorney Managerial Executive Secretary to Senior Attorney-in-Charge Confidential Executive Secretary to Managing Attorney Confidential Executive Secretary to Attorney-in-Charge Confidential DATED: New York, N.Y. September 9, 1974 ARVID ANDERSON CHAIRMAN ERIC J. SCHMERTZ MEMBER WALTER L. EISENBERG MEMBER
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