DC37, Queens Borough Pub. Library v. City, 14 OCB 52 (BOC 1974) [( Decision No. 52-74 (Cert.)] OFFICE OF COLLECTIVE BARGAINING BOARD OF CERTIFICATION - - - - - - - - - - - - - - - x In the Matter of DISTRICT COUNCIL 37, DECISION NO. 52-74 AFSCME, AFL-CIO -and-QUEENS BOROUGH PUBLIC LIBRARY DOCKET NO. RU-364-73 -and-THE CITY OF NEW YORK - - - - - - - - - - - - - - - x DECISION AND ORDER The petition of District Council 37, AFSCME, AFL-CIO (herein Union), as amended, seeks to add the titles of Investigator and Senior Library Building Custodian (now known as Senior Library Custodian), to a bargaining unit (Unit #2) for which the Queens Borough Public Library (herein Library), has previously afforded recognition to the Union as exclusive representative. The Office of Labor Relations of the City of New York does not object to the amended petition. The Library elected to come under the jurisdiction of the office of Collective Bargaining by a resolution adopted by its Board of Trustees on October 21, 1971, and duly approved by the Mayor of the City of New York. The cited resolution and the Mayor's approval provided for coverage of the Library's employees who "are included in the collective bargaining agreement entered into as of February 1, 1969, by the Library with the Union [District
DECISION NO. 52-74 DOCKET NO. RU-364-73 2 Council 37 and it’s affiliated Local No. 1231, AFSCME, AFL-CIO] . . . .” The cited agreement specifically excluded the petitioned titles (or their predecessors) from coverage (Article II - Bargaining Units). In a letter dated August 13, 1974, the Mayor approved the Library's amended election to have the provisions of the NYCBBL made applicable to its Investigators and Senior Library Building Custodians. Therefore, the O.C.B. now has jurisdiction and it is able to act on this petition. Appropriate Unit and Representative Status The cited "Unit #2" includes all of the Library's employees who are subject to collective bargaining except professional librarians, who are included in another unit ("Unit #1"), and, accordingly, we find that the petitioned titles belong in "Unit #2." As a majority of the employees in that unit, as amended herein, have authorized check-off of dues in behalf of Local 1321 District Council 37, AFSCME, AFL-CIO, we shall grant the petition to include therein the titles sought. 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
DECISION NO. 52-74 DOCKET NO. RU-364-73 3 ORDERED, that Investigators and Senior Library Custodians employed by the Queens Borough Public Library be, and the same hereby are, added to the collective bargaining unit ("Unit #2") for which the Library has extended recognition to the union. DATED: New York, N.Y. September 23, 1974. ARVID ANDERSON C h a i r m a n WALTER L. EISENBERG M e m b e r ERIC J. SCHMERTZ M e m b e r
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