City, et. Al v. DC37, et. Al, 22 OCB 38 (BOC 1978) [Decision No. 38-78 (Amend. Cert.)] OFFICE OF COLLECTIVE BARGAINING BOARD OF CERTIFICATION -------------------------------------X In the Matter of THE CITY OF NEW YORK, DECISION NO. 38-78 Petitioner DOCKET NO. RE-92-78 -and-DISTRICT COUNCIL 37, AFSCME, AFL-CIO and its affiliated Locals, Respondent -------------------------------------X In the Matter of DISTRICT COUNCIL 37, APSCME, AFL-CIO DOCKET NO. RU-650-78 -and-THE CITY OF NEW YORK AND RELATED PUBLIC EMPLOYERS -------------------------------------X ORDER AMENDING AND CONSOLIDATING CERTIFICATIONS On January 30, 1978, the Office of Municipal Labor Relations of the City of New York filed its petition herein, requesting the consolidation of the following certifications hold by District Council 37, APSCME, AFL-CIO, and/or its affiliated locals: I. Certification No. 46G-75 (as amended) Various custodial and related titles II. Certification No. 46H-75,(as amended) Various general maintenance titles III. Certification No. 461-75 (as amended) Various parks and public works titles IV. Certification No. 8-74 Various seasonal park titles
Decision No. 38-78 2 Docket Nos. RE-92-78 RU-650-78 On March 15, 1978, District Council 37 filed its petition herein, requesting that the Board of Certification add the titles of Debris Remover (CETA) and Arterial Worker (CETA) to Certification “III” above. Uniformed Sanitation-men’s Association, Local 831, I.B.T., which had objected to this petition on the ground that the pertinent employees perform work similar to that of Sanitation Men, now states that it “does not intend to seek to represent” these CETA employees. The City states that it has no objection to this petition. We find that the requested titles may appropriately be added to the requested unit or, a fortiori, to the consolidated unit which we shall order as a result of the City’s petition. The Consolidation Petition The City’s petition had requested that the cited four units be consolidated into one unit. D.C. 37 objected to this proposal but, after a series of conferences and consultations, the parties agreed that two units, supervisory and non-supervisory, respectively, are acceptable. The parties further agree on the composition of these units and the deletion from certification of certain vacant and obsolete or obsolescent titles. All of the foregoing is acceptable to the Board. Our order shall so provide.
Decision No. 38-78 3 Docket Nos. RE-92-78 RU-650-78 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 the titles of Custodial Assistant (Juvenile Detention Center), Senior Attendant, and Watchman (Juvenile Detention Center) be, and the same hereby are, deleted from Certification No. 46G-75 (as amended); and it is further ORDERED that the titles of Building Repairman and Senior Building Repairman be, and the same hereby are, deleted from Certification No. 46H-75 (as amended); and it is further ORDERED that Certifications 46G-75 (as amended), 46H-75 (as amended), 461-75 (as amended), and 8-74 be, and the same hereby are, combined and consolidated so as to constitute two bargaining units, supervisory and non-supervisory, respectively, as shown in the Appendix to this Order; and it is further ORDERED that the titles of Debris Remover (CETA) and Arterial Worker (CETA) be, and the same hereby are, added to the consolidated non-supervisory unit herein; and it is hereby CERTIFIED that District Council 37, AFSCME, AFL-CIO, and/or its affiliated locals, is the exclusive representative
Decision No. 38-78 4 Docket Nos. RE-92-78 RU-650-78 for the purposes of collective bargaining of all employees in the consolidated units. DATED: New York, N.Y. August 9, 1978 ARVID ANDERSON CHAIRMAN ERIC J. SCHMERTZ MEMBER WALTER L. EISENBERG MEMBER
Decision No. 38-78 Docket Nos. RE-92-78 RU-650-78 APPENDIX The titles and title code numbers of the employees affected by this decision are as follows Unit A - Supervisory Asst. Maintenance Supervisor 80682 Asst. Park Director 81205 Borough Foreman (incl. spec.) 91340/51 Chief Life Guard 71210 Crew Chief (Pest Control) 90501 Custodial Foreman (incl. spec.) 80510/11 District Foreman (incl. spec.) 91325/38 Foreman 91310 Foreman (Exterminators) 90535 Foreman of Gardeners 81335 Foreman (Sewer Maintenance) 91322 Foreman (Watershed Maintenance) 91314 Foreman (Water Supply) 91313 General Park Foreman 81135 General Supt. of Repairs to Distribution 91397 Horticulturist 81360 Maintenance Supervisor 80684 Park Supervisor 81111 Principal Custodial Foreman 80561 Principal Park Supervisor 81112 Regional Director (Bureau of Pest Control) 31271 Rodent Control Crew Chief (CETA) 09306 Senior Crew Chief (Pest Control) 90502 Senior Custodial Foreman 80535 Senior Foreman (Exterminators) 90560 Supt. of Repairs to Distribution 91376 Supt. of Sewer Service 91367 Supvsg. Custodial Foreman 80560 Supvsg. Maintainer (OTB) 03857 i
Decision No. 38-78 Docket Nos. RE-92-78 RU-650-78 Unit B - Non-supervisory Arterial Worker (CETA) 09792 Asst. Institutional Maintainer 80680 Asst. Maintainer (OTB) 05523 Asst. Masonry Cleaner (CETA) 03619 Asst. Rodent Control Aide (CETA) 03521 Associate Park Service Worker 81106 Attendant 81710 Attendant Guard (OTB) 03845 Building Asst. (CETA) 09360 Climber and Pruner 81303 Curator of Jumel Mansion 81709 Custodial Asst. (incl. OTB) 82015 Debris Remover (CETA) 09776 Elevator Operator 80910 Exterminator 90510 Gardener 81310 Highway Repairer Trainee 92404 Laborer (City Rent) 41288 Life Guard 71205 Lift Aide (CETA) 09361 Maintainer (OTB) 03786 Park Maintainer (CETA) 09751 Park Service Worker (incl. CETA) 51105, 09377 Pest Control Aide 90500 Playground Assistant 60405 Rodent Control Aide (CETA) 09378 Seasonal Filtration Plant Operator 90910 Seasonal Park Helper 90905 Seasonal Parkman 81010 Security Aide (CETA) 91010 Senior Attendant Guard (OTB) 34415 Swimming Pool Operator Traffic Device Maintainer Traffic Device Maintenance Trainee Watchman Water Plant Operator Watershed Inspector and ii
Decision No. 38-78 Docket Nos. RE-92-78 RU-650-78 All non-Civil Service employees of the Board of Higher Education performing custodial, cleaning, painting, and related work (including mechanics) employed at the following student centers of the City University of New York: Baruch College Student Center, Brooklyn College Student Center, City College (John H. Finley) Student Center, Queens College Student Center, Hunter College (Roosevelt House) Student Center, and Borough of Manhattan Community College Student Center. iii
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