City, et. Al v. L.375, et. Al, 18 OCB 47 (BOC 1976) [Decision No. 47-76 (Cert.)] OFFICE OF COLLECTIVE BARGAINING BOARD OF CERTIFICATION ----------------------------------X In the Matter of CITY OF NEW YORK, DECISION NO. 47-76 Petitioner DOCKET NO. RE-24G-72 -and-LOCAL 375, CIVIL SERVICE TECHNICAL GUILD, DC37, AFSCME, AFL-CIO ----------------------------------X In the Matter of CIVIL SERVICE TECHNICAL GUILD, LOCAL 375, DISTRICT COUNCIL 37, DOCKET NO. RU-561-76 AFSCME, AFL-CIO -and-THE CITY OF NEW YORK AND RELATED PUBLIC EMPLOYERS ----------------------------------X DECISION AND ORDER On March 27, 1975, Local 375, Civil Service Technical Guild, filed a Notice of Motion, seeking permission to intervene in opposition to that portion of the City’s petition in Case No. RE-24-72 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 position, although covering most of
Decision No. 47-76 2 Docket Nos. RE-24G-72 RU-561-76 the titles in the RE-24-72 intervention, also omitted many titles which had been included therein. The Board then issued its Decision No. 25-76, dismissing that portion of the motion to intervene which was not covered by the Union’s petition in RU-561-76. That portion of RE-24-72 which is covered by the Union’s petition has been severed and docketed as RE-24G-72. A number of titles in the present proceeding are vacant. It is Board policy to delay consideration of certification of such titles, if the City alleges they are managerial/confidential, until such positions become filled. Accordingly, with respect to these titles, we shall deny the Union’s petition and make no finding in the City’s petition. These titles are as follows: Vacant Titles Administrative Business Project Coordinator Administrative Construction Inspector Administrative Director of Computer Traffic Control Administrative Engineer (Off Track Betting) Asst. Administrator (Planning Design and Research) Asst. Administrator (Program Development and Control) Asst. Administrator (Program Planning, Research and Evaluation) Asst. Administration (Project Coordination) Asst. Administration (Space Planning, Architecture, Construction and Equipment) Asst. Director of Engineering (Air Resources) Asst. Director of Noise Abatement Asst. Director - Project Management Asst. To Chief Engineer (Coordinator of Engineering Employees) Chief Purchase Inspector Coordinator of Highway Transportation Studies Coordinator of Mass Transit Design Coordinator of Traffic (Borough Engineering and Operations) Coordinator of Traffic Planning and Highway Safety Department Engineer (Board of Water Supply)
Decision No. 47-76 3 Docket Nos. RE-24G-72 RU-561-76 Principal Air Pollution Control Engineer Principal Civil Engineer Principal Civil Engineer (Water Supply) Principal Engineer Principal Mechanical Engineer Principal Planning Consultant (Community Facilities) Principal Planning Consultant (Transportation) Public Health Engineering Consultant Senior Management Consultant (Engineering) Senior Principal Project Coordinator Superintendent of Buildings and Grounds (Hospitals) Supervising Principal Budget Examiner Supervising Principal Management Analyst. For the same reason, we make no finding petition for Rule X Senior Architect and Senior Civil Engineer. We also deny that portion of Union’s petition for certification of both Rule X and XI Senior Architect and Senior Civil Engineer on the basis that it is already certified for these titles. The Union has requested the Board’s permission to withdraw the title of Senior Property Manager from its petition. The Board hereby grants this withdrawal and, in addition, notes that the City had previously withdrawn the same title from its petition. In regard to the remaining titles, the City’s Office of Labor Relations alleges that they are all managerial and, therefore, inappropriate for collective bargaining. The employer also alleges that “many of the titles are administrative in nature and have no relationship” to the unit in Certification No. 46J-75 (as amended).
Decision No. 47-76 4 Docket Nos. RE-24G-72 RU-561-76 Accordingly, we shall order a hearing on the issues of manageriality and unit placement. However, several of the title herein are more closely related to other cases in which similar hearings already have been scheduled which involve the same parties. Accordingly, we shall sever so much of the instant matter as relates to the title of Principal Quantitative Analyst and add it to consolidated Cases RE-24C-72 and RU-521-75, where it had already been petitioned: and we shall sever so much of the instant matter as relates to the titles of Project Manager and Senior Project Manager and join it to Case No. RU-531-75, which involves the closely related title of Assistant Project Manager. The remaining titles herein shall constitute Cases RU-561B-76 and RE-24H-72, and shall be joined with consolidated cases RU-440-74, RU-443-74 and RE-24B-72. These titles are as follows: Remaining Titles Administrative Project Director Administrative Purchase Inspector Administrative Supt. of Buildings and Grounds Administrative Supt. of Highway Operations Administrative Transportation Planner Assistant Administrator (Construction Coordination) Asst. Administrator (Planning) Asst. Administrator (Planning & Research) Asst. Administrator (Program Analysis) Asst. Administrator (Program Analysis & Development) Asst. Administrator (Program Planning & Development) (Model Cities) Asst. Director of Technical Services Asst. Director of Technical Services (Air Asst. Health Facilities Planner Associate Director of Industrial Engineering Chief Architect Civil Engineer - WSX
Decision No. 47-76 5 Docket Nos. RE-24G-72 RU-561-76 Coordinator of Traffic (Plans & Surveys) Coordinator of Traffic (Signals & Communications) Principal Electrical Engineer Principal Management Analyst Principal Planning Consultant (Land Use) Principal Planning Consultant (Urban Renewal) Principal Urban Designer Senior Health Facilities Planner Superintendent of Buildings & Grounds. 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 so much of the Union’s petition herein as relates to the titles listed above under the heading "Vacant Titles" be, and the same hereby is, denied (no finding being made as to their managerial/confidential status in the City's petition herein); and it is further Ordered that because these positions are also vacant, no finding is made on City’s petition to designate Rule X Senior Architect and Senior Civil Engineer managerial/confidential, and it is further Ordered that so much of the Union’s petition herein as requests certification of the Rule X and XI titles of Senior Architect and Senior Civil Engineer be, and the same hereby is, denied, the relief sought having been already granted; and it is further Ordered that the parties’ requests to withdraw the title of Senior Property Manager from their respective petitions be, and the same hereby are, granted; and it is further
Decision No. 47-76 6 Docket Nos. RE-24G-72 RU-561-76 Ordered that the title of Principal Quantitative Analyst be, and the same hereby is, severed from the instant case and added to consolidated cases RE-24C-72 and RU-521-75; and that the titles of Project Manager and Senior Project Manager be, and the same hereby are, severed from the instant cases and added to Case No. RU-531-75; and it is further Ordered that the remaining titles herein be, and the same hereby are, joined with consolidated cases RU-440-74, RU-443-74 and RE-24B-72 for hearing on the issues of managerial/confidential status and unit placement. DATED: New York, N.Y. November 4, 1976 ARVID ANDERSON CHAIRMAN WALTER L. EISENBERG MEMBER ERIC J. SCHMERTZ MEMBER
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