City v. CEU, L.237, IBT, 20 OCB 9 (BOC 1977) [Decision No. 9-77 (Cert.)] OFFICE OF COLLECTIVE BARGAINING BOARD OF CERTIFICATION --------------------------------X In the Matter of THE CITY OF NEW YORK AND DECISION NO. 9-77 RELATED PUBLIC EMPLOYERS DOCKET NO. RE-77-77 -and-CITY EMPLOYEES UNION, LOCAL 237, I.B.T. -------------------------------X DECISION AND ORDER On January 13, 1977, the Office of Municipal Labor Relations of the City of New York filed its petition herein, requesting the consolidation of the following certifications held by City Employees Union, Local 237, International Brother hood of Teamsters: Certification No. 62B-75 (as amended) 1 Various custodial, general maintenance, inspection, skilled crafts, and related titles Certification No. 1-71 (as amended) 2 Foreman (Traffic Device Maintenance) Senior Foreman (Traffic Device Maintenance). Our investigation shows that such a consolidated unit would be appropriate for collective bargaining purposes. The union concurs. 1 Certification No. 62B-75 (as amended) has been consolidated with Certification No. 56-70 (as amended) by Decision No. 55-76. This unit is represented by Local 237. 2 Certification No. 1-71 (as amended) was transferred to Local 237 by Decision No. 6-77.
Decision No.9-77 2 Docket No. RE-77-77 Accordingly, we shall grant the petition. In so doing, we are aware that both of the units consolidated herein include both supervisors and their subordinates, and that Section 1178 of the New York City Charter, as added by referendum in 1975, provides, in pertinent part, that supervisory “. . . employees shall not belong to the same collective bargaining units as employees supervised by them.” However, to fragment the existing units, by separating supervisors from their subordinates, would be inconsistent with the amendment to Section 1178 enacted by the City Council in Local Law No. 11 of 1977, 3 which provides 'that existing bargaining units shall complete negotiations for successor contracts to collective bargaining agreements covering such existing units and expiring on or before January 1, 1977. Moreover, we believe that even the consolidation ordered herein is not inconsistent with the policy expressed in the aforementioned law. 3 See the City Record of February 8, 1977.
Decision No.9-77 3 Docket No. RE-77-77 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 Certification No. 55776 and Certification No. 1-71 (as amended by Decisions 52-76 and 6-77) be, and the same hereby are, combined and consolidated so as to constitute one bargaining unit consisting of the titles set forth in the Appendix to this Decision and Order; and it is hereby CERTIFIED that City Employees Union, Local 237, I.B.T., is the exclusive representative for the purposes of collective bargaining of all employees in the consolidated unit. DATED: New York, N.Y. March 21, 1977 ARVID ANDERSON CHAIRMAN WALTER L. EISENBERG MEMBER ERIC J. SCHMERTZ MEMBER
Decision No.9-77 Docket No. RE-77-77 APPENDIX The titles and title code numbers of the employees affected by this decision are as follows: Assistant Bridge Operator 91105 Assistant Bridge Operator (CETA) 09503 Assistant Building Custodian 80605 Assistant Stockman 12205 Blasting Inspector 31815 Bricklayer 92205 Bridge Operator 91110 Bridge Operator-in-Charge 91135 Building Custodian 80610 Cement Mason 92210 Commercial Vehicle Compliance Agent (CETA) 03593 Firearms Control Inspector 33976 Foreman Bricklayer 92271 Foreman Plasterer 92272 Foreman Roofer 90775 Foreman (Traffic Device Maintenance) 90935 Handyman (CETA) 03487 Harness Maker 90719 Horseshoer 92320 Hospital Security Officer 70830 Hostler 81901 Junior Building Custodian 80601 Maintenance and Control Planner 03977 Maintenance Man 90726 Maintenance Man Trainee 90784 Maintenance Planning and Control Supervisor 03978 Mason’ Helper 92225 -i-
Decision No.9-77 Docket No. RE-77-77 Pipe Laying Inspector 33415 Plasterer 92235 Principal Storekeeper 12225 Principal Water Use Inspector 34660 Refrigeration Service Helper 00065 Refrigeration Service Mechanic 00066 Roofer 90735 Senior Blasting Inspector 31835 Senior Building Custodian 80635 Senior Commercial Vehicle Compliance Agent (CETA) 03337 Senior Foreman (Traffic Device Maintenance) 90960 Senior Pipe Laying Inspector 33435 Senior Special Officer 70815 Senior Storekeeper 12220 Senior Taxi and Limousine Inspector 35134 Senior Transportation Inspector 35135 Senior Water Use Inspector 34635 Special officer 70810 Special Officer (CETA) 09450 Stockman 12210 Storekeeper 12215 Supervising Special Officer (except one employee) 70817 Supervising Taxi and Limousine Inspector 35140 Supervising Water Use Inspector 34655 Supervisor of Bridge Operations 91160 Supervisor of Building Custodians 35115 Taxi and Limousine Inspector 35116 Transportation Inspector 35115 Warehouse Aide(CETA) 09358 Water Meter Reader 34600 Water Use Inspector 34615 and restored Rule X equivalents -ii-
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