CEU, L.237, IBT v. City, 18 OCB 45 (BOC 1976) [Decision No. 45-76 (Cert.)] OFFICE OF COLLECTIVE BARGAINING BOARD OF CERTIFICATION ------------------------------In the Matter of CITY EMPLOYEES UNION LOCAL 237, INTERNATIONAL DECISION NO. 45-76 BROTHERHOOD OF TEAMSTERS DOCKET No. RU-578-76 -and-THE CITY OF NEW YORK and RELATED PUBLIC EMPLOYERS ------------------------------DECISION and ORDER On August 19, 1976, City Employees Union, Local 237, I.B.T., filed its petition herein, seeking to add the title of Assistant Director of Bureau of Public Health Education to its Certification No. 62C-75 (as amended by Decision No. 13-76), presently covering various public information and health education titles. The petitioned title was one of the many hundreds of titles which were contained in the City’s petition (RE-24-72) which was decided by the Board in Decision No. 19-75. In that decision, the Board declined to rule on the alleged manageriality of titles which were vacant, and also limited its determination of manageriality of various titles including Assistant Director of Public Health Education to those employees in said titles who were paid pursuant to the City’s Managerial/Executive Pay Plan. The Board is now informed that all incumbents in the title Assistant Director of Public Health Education are now,
Decision No. 45-76 2 Docket No. RU-578-76 and were at the time of issuance of our Decision No. 19-75, paid less than the minimum salary of the lowest managerial grade. The title should thus have been excluded from our finding of manageriality in that decision. Since, at this time, the City has stated that it has no objection to the certification of this title, and since it appears to the Board that this title should be added to the petitioned unit, the Board will revoke its prior managerial determination in Decision No. 19-75. Since it further appears to the satisfaction of the Board that a majority of the employees in the unit as amended herein have authorized check-off of dues in behalf of Petitioner, the Board will grant the Present petition. 0 R D E R NOW, THEREFORE, pursuant to the powers vested in the Board of Certification by the New York City Collective Bargaining Law, it is hereby ORDERED that the title of Assistant Director of Bureau of Public Health Education be, and the same hereby is, deleted from the list of managerial and/or confidential titles in Appendix A of Decision No. 19-75; and it is further
Decision No. 45-76 3 Docket No. RU-578-76 ORDERED that Certification No. 62C-75 (as previously amended) be, and the same hereby is, further amended to include the title of Assistant Director of Bureau of Public Health Education, subject to existing contracts, if any. DATED: New York, N.Y. October 13, 1976 ARVID ANDERSON CHAIRMAN WALTER L. EISENBERG MEMBER ERIC J. SCHMERTZ MEMBER
Decision No. 45-76 Docket No. RU-578-76 The title and title code number of the employees affected by this decision are as follows: Assistant Director of Bureau of Public 51175 Health Education
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