Mun. Ass. of Elec. Data Process. Per. V. City, 2 OCB 40 (BOC 1968) [Decision No. 40-68 (Cert.)] OFFICE OF COLLECTIVE BARGAINING BOARD OF CERTIFICATION ---------------------------------- x In the Matter of MUNICIPAL ASSOCIATION OF ELECTRONIC DATA PROCESSING PERSONNEL Docket No. R-80-67 -and-Decision No. 40-68 THE CITY OF NEW YORK ---------------------------------- x DECISION AND CERTIFICATION Municipal Association of Electronic Data Processing Personnel, herein called Petitioner, filed its petition herein with the New York City Department of Labor on Septem-ber 12, 1967. This proceeding was transferred to the Board of Certification pursuant to Rule 13.13 of the Consolidated Rules of the Office of Collective Bargaining. Upon consideration of the investigation made by the Department of Labor, and of its own investigation, and after due deliberation, the Board of Certification issues the following decision: I. Undisputed Matters It was undisputed, and we find and conclude, that Petitioner is a public employee organization in fact and within the meaning of the New York City Collective Bargaining Law. II. The Appropriate Unit The employees in the title of Supervising Computer operator are skilled supervisory employees, constituting a readily identifiable and homogeneous group with common interests. The City contends that these employees should be placed in a combined unit with non-supervisory computer operators. However, Section 1173-3.01 of the New York City Collective Bargaining Law (NYCCBL), expressly provides that “Supervisory . . . employees shall not be included in the same bargaining unit as non-supervisory . . . employees without the consent of a vote of a majority of the . . . supervisory employees involved." As the supervisory
Docket No. R-80-67 2 Decision No. 40-68 employees here have petitioned for a separate bargaining unit, we find no merit in the City's contention. Accordingly, we find and conclude that Supervising Computer Operators constitute a unit appropriate for the purposes of collective bargaining in fact and within the meaning of the New York City Collective Bargaining Law. III. Representative Status Our investigation discloses that a majority of the employees in the appropriate unit have authorized dues check-off in behalf of Petitioner. We find and conclude that Petitioner has been designated and selected by a majority of the employees in the appropriate bargaining unit as their representative for the purposes of collective bargaining. CERTIFICATION Pursuant to the powers vested in the Board of Certification by the New York City Collective Bargaining Law, it is hereby CERTIFIED, that Municipal Association of Electronic Data Processing Personnel is the exclusive representative for the purposes of collective bargaining of all Supervising Computer Operators employed by the City of New York. DATED: New York, N.Y. July 15, 1968 ARVID ANDERSON C h a i r m a n ERIC J. SCHMERTZ M e m b e r SAUL WALLEN M e m b e r
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.