L.1187, CWA v. City, 2 OCB 63 (BOC 1968) [Decision No. 63-68 (Cert.)] OFFICE OF COLLECTIVE BARGAINING BOARD OF CERTIFICATION ------------------------------- x In Matter of COMMUNICATIONS WORKERS OF AMERICA LOCAL 1187, AFL-CIO Decision No. 63-68 -and-Docket No. RU-39-68 THE CITY OF NEW YORK ------------------------------- x DECISION, ORDER AND CERTIFICATION Communications Workers of America, Local 1187, AFL-CIO, herein called Petitioner, filed a petition for certification as the collective bargaining representative of the Labor-Management Practices Adjusters, Senior, Labor-Management Practices Adjusters and Principal Labor-Management Practices Adjusters employed in the Economic Development Agency. The City contends that, Principal Labor-Management Practices Adjusters are managerial employees and evidence on that issue has been submitted at a hearing held before a Trial Examiner of the Board. At such hearing, Petitioner moved to amend its petition so as to request certification of the above titles on a City-wide basis. As all employees of the City in the requested titles are employed in the Economic Development Agency, the motion is granted. Subsequent to the hearing, the parties agreed to a determination of the collective bargaining representative by an affidavit of dues paying membership in Petitioner, executed by the employees involved. The parties further agreed, subject to the approval of the Board that Labor-Management Practices Adjusters and Senior Labor-Management. Practices Adjusters are an appropriate unit for the purposes of collective bargaining, that the Board may proceed to certify Petitioner as exclusive collective bargaining representative for such unit; and that the Board should sever so much of the proceeding as relates to Principal Labor-Management Practices
Decision No. 63-68 2 Docket No. RU-39-68 Adjusters. According, we approve the agreement of the parties that the representative status of Petitioner, may be determined by an affidavit cf dues paying membership 1 and find that Petitioner has been designated as their collective bargaining representative by all of the Labor-Management Practices Adjusters and Senior Labor-Management Practices Adjusters. We shall also sever that portion of the proceeding which relates to Principal Labor-Management Practices Adjusters. ORDER AND CERTIFICATION 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 this proceeding as relates to Principal Labor-Management Practices Adjusters, be, and the same hereby is, severed; and it is hereby CERTIFIED, that Communications Workers of America, Local 1187, AFL-CIO, is the exclusive representative for the purposes of collective bargaining of all Labor-Management Practices Adjusters and Senior Labor-Management Practices Adjusters employed by the City of New York. DATED, New York, N. Y. November 12, 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 1 Matter of N. Y. Slate Nurses Association and City of New York, Decision No. 39-68.
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