L.246, SEIU v. CEU, L.237, IBT, et. Al, 14 OCB 9 (BOC 1974) [( Decision No. 9-74 (Cert.)]) OFFICE OF COLLECTIVE BARGAINING BOARD OF CERTIFICATION - - - - - - - - - - - - - - - - - - X In the Matter of NEW YORK CITY LOCAL 246, S.E.I.U., DECISION NO. 9-74 AFL-CIO, Petitioner DOCKET NO. RU-406-73 -and-CITY EMPLOYERS UNION, LOCAL 237, I.B,T., Intervenor -and-DI STRICT COUNCIL 37, AFSCME, AFL-CIO, Intervenor -and-THE CITY OF NEW YORK AND RELATED PUBLIC EMPLOYERS - - - - - - - - - - - - - - - - - - X DECISION AND ORDER Positions of the Parties By petition dated September 14, 1973, New York City Local 246, SEIU, AFL-CIO, requested to accrete the titles of Taxi and Limousine inspector and Senior Taxi and Limousine Inspector to Certification No.54-70 (as amended by Decisions 64-71 and 36773), presently covering various automotive trades titles, including Auto Mechanic and Auto Machinist.
Decision No. 9-74 Docket No. RU-406-73 2. City Employees Union Local 237, IBT, has applied to intervene herein requesting that its Certification MR-11/67, covering Transportation Inspectors, and its Certification (by reason of prior voluntary recognition) covering Senior Transportation Inspectors 1 be consolidated with its Certification No.10-72, covering various other inspectorial titles, and that the titles of Taxi and Limousine Inspector, Senior Taxi and Limousine Inspector, and the equivalent "EEA" titles of Commercial Vehicle Compliance Agent (EEA) and (FEA-6), and Senior Commercial Vehicle Compliance Agent (EEA) be added thereto. Local 237 submitted showing of interest for a majority of the employees in the petitioned titles. District Council 37, AFSCME, AFL-CIO, also applied to intervene herein, requesting that the non-supervisory titles of Taxi and Limousine Inspector and Commercial Vehicle Compliance Agent (EEA) and (EEA-6) be added to its Certification No.15-72 (as amended by Decision No.12-73), covering the non-supervisory titles of Motor Vehicle Operator, Automotive Operator (EEA) 1 Transportation Inspectors and Senior Transportation Inspectors are employed solely by the Bureau of Franchises of the Board oi Estimate, a Municipal Agency which is under the jurisdiction of the Office of Collective Bargaining, pursuant the amended New York City Collective Bargaining Law
Decision No. 9-74 Docket No. RU-406-73 3. and Taxi and Limousine Dispatcher; and that the supervisory titles of Senior Taxi and Limousine Inspector and Senior Commercial Vehicle Compliance Agent (EEA) be added to its Certification No.11-73, covering a supervisory unit consisting of Motor Vehicle Foreman and Senior Taxi and Limousine Dispatcher. DC 37 submitted no showing of interest in the petitioned titles. No objections thereto having been filed, the applications to intervene will be granted. The City of New York opposes the petition of Local 246, SEIU, AFL-CIO, claiming that the unit sought is inappropriate. The City contends that the most appropriate unit consists of the following titles: Taxi and Limousine Inspector, Senior Taxi and Limousine Inspector, Motor Vehicle Operator, Automotive Operator (EEA), Taxi and Limousine Dispatcher, Motor Vehicle Foreman, Senior Taxi and Limousine Dispatcher, Transportation Inspector and Senior Transportation Inspector. Discussion We find that the City's position regarding the petition by Local 246, SEIU, is valid. Petitioner seeks to accrete Taxi and Limousine inspectors and Senior Taxi and Limousine Inspector
Decision No. 9-74 Docket No. RU-406-73 4. to a unit composed predominantly of prevailing rate employees, whose wages are determined by the City Comptroller, under 9220 of the Labor Law, on the basis of prevailing rates paid in private industry. There is no duty, under the NYCCBL, to bargain on matters subject to such determination. As we stated in our Decision No.98-70: This important limitation of the permissible scope of collective bargaining for prevailing rate employees clearly differentiates their interests from those of other employees. Accordingly, in the absence of unusual circumstances, we shall place prevailing rate employees in a separate unit or units. Accordingly, we shall deny the petition of Local 246 on the ground that the unit requested therein is inappropriate. While the units proposed by District Council 37 have some merit, we find that the consolidated unit proposed by Local 237, IBT, is preferable. Not only do the employees therein have an overall community of interest because they all perform inspection functions, but there is an especially strong similarity of functions between taxi and limousine inspectors and transportation inspectors. Transportation Inspectors make inspections of bus operations to insure safety and adequacy of service, and Taxi and Limousine Inspectors make inspections of hired passenger vehicles for
Decision No. 9-74 Docket No. RU-406-73 5. serviceability and conformity with established standards and regulations. In addition, Local 237 has submitted evidence that a majority of the Taxi and Limousine Inspectors wish to be represented by it. Accordingly, we shall consolidate Certification MR-11/67, Certification by reason of prior voluntary recognition covering the title of Senior Transportation Inspector, and Certification No.10-72, and shall add thereto, on the basis of majority dues check-off in the total unit, the titles of Taxi and Limousine Inspector Senior Taxi and Limousine Inspector, Commercial Vehicle Compliance Agent (EEA) and (EEA-6),and Senior Commercial Vehicle Compliance Agent (EEA). 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 the applications to intervene filed herein by City Employees Union, Local 237, IBT, and District Council 37, AFSCME, AFL-CIO, be, and the same hereby are, granted; and it is further
Decision No. 9-74 Docket No. RU-406-73 6. ORDERED that the petition filed by New York City Local 246, SEIU, AFL-CIO, be, and the same hereby is, denied; and it is further ORDERED that Certification MR-11,67, the Certification by reason of prior voluntary recognition covering the title of Senior Transportation Inspector, and Certification No.10-72 be, and the same hereby are, merged and consolidated; and the consolidated unit shall consist of Transportation Inspectors, Senior Transportation Inspectors, Pipe Laying Inspectors, Senior Pipe Laying Inspectors, Blasting Inspectors, Senior Blasting Inspectors, Water Use Inspectors, Senior Water Use Inspectors, Supervising Water Use Inspectors, Principal Water Use Inspectors, and employees in restored Rule X titles equated thereto, employed by the City or New York and related public employers subject to the jurisdiction of the Board of Certification, and subject to existing contracts if any; and it is further ORDERED that the titles of Taxi and Limousine Inspector, Senior Taxi and Limousine Inspector, Commercial Vehicle Compliance Agent (EEA) and (EEA-6), and Senior Commercial
Decision No. 9-74 Docket No. RU-406-73 7. Vehicle Compliance Agent (EEA) be, and the same hereby are, added to the above consolidated unit. DATED: New York, N.Y. February 4, 1974 ARVID ANDERSON CHAIRMAN WALTER L. EISENBERG MEMBER ERIC J. SCHMERZ MEMBER
Decision No. 9-74 Docket No. RU-406-73 The titles and title code numbers of the employees affected by this decision are as follows: Commercial Vehicle Compliance Agent 03336 (EEA) Commercial Vehicle Compliance Agent 03593 (EEA-6) Senior Commercial Vehicle Compliance 0337 Agent (EEA) Taxi and Limousine Inspector 35116 Senior Taxi and Limousine Inspector 35134 Transportation Inspector 35115 Senior Transportation Inspector 35135 Blasting Inspector 31815 Senior Blasting Inspector 31835 Pipe Laying inspector 33415 Senior Pipe Laying Inspector 33435 Water Use Inspector 34615 Senior Water Use Inspector 34635 Supervising Water Use Inspector 34655 Principal Water Use Inspector 34660
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