City, et. Al v. L.375, et. Al, 18 OCB 53 (BOC 1976) [Decision No. 53-76 (Cert.)] OFFICE OF COLLECTIVE BARGAINING BOARD OF CERTIFICATION --------------------------------X In the Matter of CITY OF NEW YORK, DECISION NO. 53-76 Petitioner DOCKET NO. RE-241-72 -and-CIVIL SERVICE TECHNICAL GUILD, LOCAL 375, DISTRICT COUNCIL 37, AFSCME,_AFL-CIO --------------------------------X --------------------------------X In the Matter of CIVIL SERVICE TECHNICAL GUILD, LOCAL 375, DISTRICT COUNCIL 37, DOCKET NOS. RU-531-75 AFSCME, AFL-CIO RU-561C-76 -and-THE CITY OF NEW YORK AND RELATED PUBLIC EMPLOYERS --------------------------------X DECISION AND ORDER On October 2, 1975, Civil Service Technical Guild, Local 375, District Council 37, AFSCME, AFL-CIO, filed its petition herein, seeking to add the title of Assistant Project Manager to Certification No. 60-71 (as amended), covering various engineering, scientific, and related titles. Decision No. 46-75 later consolidated this unit with others to form Certification No. 46J-75. The City’s Office of Labor Relations had originally opposed this petition on the ground that the petitioned title was “managerial” and “inappropriate” to accrete to requested unit. In Decision No. 47-76 the Board consolidated this case with cases RU-561C-76 and RE-241-72, concerning the closely related titles of Project Manager and Senior Project Manager, for hearing on the disputed issues.
Decision No. 53-76 2 Docket Nos. RE-24I-72 RU-531-75 Ru-561C-76 Effective October 1, 1976, the New York City Health and Hospitals Corporation deleted Assistant Project Manager from its Corporate Plan of Titles, the title having become vacant in that agency. Thereupon, the City’s Office of Labor Relations changed its position because “...there is only one incumbent... in the ... title [and it] does not appear that the duties of this incumbent are managerial within the meaning of the Administrative Code. Accordingly, the City...withdraws its objection to the Petition....” As there is no longer any dispute, and it appears to the satisfaction of the Board that the requested unit is appropriate, and a majority of the employees in the unit as amended herein have demonstrated their desire to be represented by Petitioner by having authorized check-off of dues in behalf of said organization, we shall sever the previously consolidated cases and grant the instant 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 Case No. RU-531-75 be, and the same hereby is, severed from Cases RU-561C-76 and RE-241-72, and that a hearing be scheduled on the issues of managerial/confidential status and unit placement of the titles of Project Manager and Senior Project Manager; and it is further
Decision No. 53-76 3 Docket Nos. RE-24I-72 RU-531-75 Ru-561C-76 ORDERED that Certification No. 46J-75 (as previously amended by Decisions 47-75, 60-75, 61-75, 5-76, 31-76, 37-76, 41-76 and 49-76) be, and the sane hereby is further amended to include the title of Assistant Project Manager, subject to existing contracts, if any. DATED: New York, N.Y. November 30, 1976 ARVID ANDERSON Chairman WALTER L. EISENBERG Member ERIC J. SCHMERTZ Member
Decision No. 53-76 Docket Nos. RE-24I-72 RU-531-75 Ru-561C-76 The title and title code number of the employee affected by this decision are as follows: Assistant Project Manager 22502
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