City v. CWA, L.375, Civil Ser. Tech. Guild, 18 OCB 25 (BOC 1976) [Decision No. 25-76 (Cert.)] OFFICE OF COLLECTIVE BARGAINING BOARD OF CERTIFICATION ---------------------------------X In the Matter of CITY OF NEW YORK, DECISION NO. 25-76 Petitioner DOCKET NO. RE-24-72 -and-LOCAL 375, CIVIL SERVICE TECHNICAL GUILD, DC-37 AFL-CIO, AFSCME -and-COMMUNICATION WORKERS OF AMERICA, Respondents ---------------------------------X DETERMINATION AND ORDER On March 27, 1975, Local 375, Civil Service Technical Guild, filed a Notice of Motion, seeking permission to intervene in opposition to the City’s petition in the above-docketed matter, which requested this Board to find that all employees in certain titles were managerial and/or confidential. On May 27, 1976, Local 375 filed a petition (Docket No. RU-561-76) seeking to add a large number of titles to its Certification No. 46J-75 (as amended), presently covering various engineering, scientific, and related titles. This petition, although covering most of the titles in the RE-24-72 intervention, also omitted many titles which had been included therein. Since Local 375 has taken no further action in pursuit of its motion to intervene, we shall dismiss that portion of the motion which is not covered by the Union’s petition in RU-561-76. In light of
Decision No. 25-76 2 Docket No. RE-24-72 Local 375's failure to prosecute its motion to intervene, and in the absence of any further opposition to a finding that the subject titles are managerial and/or confidential, we hereby find them to be managerial arid/or confidential and, therefore, ineligible for collective bargaining. These titles are as follows: Managerial/Confidential Chief Engineer (W.S.G. & E.) Chief Project Service Specialist Consulting Engineer Deputy Director of Design Deputy Executive Director (City Planning) Director of Capital Construction, Maintenance and Engineering (Health & Hosp. Corp.) Director of Construction Director of Construction Management (Health & Hosp. Corp.) Director of Engineering (Air Pollution Control) Director of Program Analysis (HHC) Director of Program Planning and Development Director, Industrial Engineering Director, Product Development and Evaluation Director of Technical Services (E.D.P.) Executive Assistant for Planning Executive Assistant to the Director of Construction Consistent with our Decision No. 19-75, we make no determination at this time with respect to titles that are currently vacant. These titles are as follows: Vacant Chief Budget Examiner Chief Engineer (Bureau of the Budget) Chief Engineer (City Planning)
Decision No. 25-76 3 Docket No. RE-24-72 Chief Engineer (Hospitals) Chief Engineer (Marine & Aviation) Chief Engineer (Office of the Comptroller) Chief Engineer (Parks) Chief Engineer (Pres., Borough of Brooklyn) Chief Engineer (Pres., Borough of Manhattan) Chief Engineer (Pres., Borough of the Bronx)
Decision No. 25-76 4 Docket No. RE-24-72 Chief Engineer (Public Works.) Chief Engineer (Except Board of Education) Chief Engineer of the Board of Estimate Deputy Administrator (Space Planning, Architecture, Construction & Equipment) Deputy Chief Engineer Deputy Director of Construction Deputy Director of Construction Management (Health & Hosp. Corp.) Deputy Director of industrial Engineer Deputy Director - Capital Construction, Maintenance and Engineering (Health & Hosp. Corp.) Director of Architecture (incl. specialties) Director of Arterial Highly Planning Director of Comprehensive Transportation Planning Director of Engineering (Highways) Director of Maintenance & Engineering (CYIB) Director of Noise Abatement Director of Park Engineering and Construction Director of Park Planning Director of Planning, Research and Development Director of Project Management Director of Technical Control Director of Technical Services (Air Pollution Control) Director of Toxicological Laboratory (Office of the Chief Medical Examiner) Director of Urban Design Group Director, Project Management Executive Director to the Urban Design Council Senior Principal Budget Examiner ORDER AND DETERMINATION Pursuant to the powers vested in the Board of Certification by the New York City Collective Bargaining law, it is hereby ORDERED, that portion of the Union’s motion to intervene in RE-24-72, which relates to the above-listed titles be and the same hereby is, dismissed; and it is further
Decision No. 25-76 5 Docket No. RE-24-72 DETERMINED, that employees in those titles listed above under the heading “Managerial/Confidential” are, within the meaning of the New York City Collective Bargaining Law, managerial and/or confidential and are, therefore, excluded from collective bargaining. DATED: New York, N. Y July 28, 1976 ARVID ANDERSON CHAIRMAN WALTER L. EISENBERG MEMBER ERIC J. SCHMERTZ MEMBER
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