DC 37, 3 OCB2d 20 (BOC 2010) (Rep) (Docket No. AC-55-10). Summary of Decision: The City of New York filed a petition to amend District Council 37’s Certification No. 6-76 to add the title Mate (DEP), Levels I, II, and III, and to delete the titles Third Mate, Second Mate, and Chief Mate. The Board amended the certification to add the title Mate (DEP) and delete the vacant title of Chief Mate. The Board further held that Third Mate and Second Mate will be deleted when the titles become vacant. (Official decision follows.) _________________________________________________________________ OFFICE OF COLLECTIVE BARGAINING BOARD OF CERTIFICATION In the Matter of the Certification Proceeding -between-THE CITY OF NEW YORK, Petitioner, -and-DISTRICT COUNCIL 37, AFSCME, AFL-CIO, Respondent. __________________________________________________________________ ORDER AMENDING CERTIFICATION On March 17, 2010, the City of New York (“City”) filed a petition to amend Certification No. 6-76, a bargaining unit represented by District Council 37, AFSCME, AFL-CIO (“Union”) to add title of Mate (DEP) (Title Code No. 91580), Levels I, II, and III, and to delete the titles of Third Mate (Title Code No. 06252), Second Mate (Title Code No. 91569), and Chief Mate (Title Code No. 91526) to reflect the reclassification of these titles. Notice of this petition was given to the public and the Union, and no objections or responses were filed. Our investigation shows that there are no employees currently serving in the Chief Mate title.
3 OCB2d 20 (BOC 2010) 2 However, there are incumbents serving in the titles Third Mate and Second Mate who will be transferred to the Mate (DEP) title after that title is certified. In order not to deprive these employees of union representation, the Third Mate and Second Mate titles will be deleted upon notification from the City that the titles are vacant. See Local 375, CSTG, DC 37, 80 OCB 10, at 2 (BOC 2007). NOW, THEREFORE, pursuant to the powers vested in the Board of Certification by the New York City Collective Bargaining Law (New York City Administrative Code, Title 12, Chapter 3), it is hereby ORDERED that Certification No. 6-76 (as previously amended) be, and the same hereby is, further amended to add the title Mate (DEP) (Title Code No. 91580), Levels I, II, and III, subject to existing contracts, if any, and to delete the title Chief Mate (Title Code No. 91526); and it is further ORDERED that Certification No. 6-76 (as previously amended) be further amended to delete the titles Third Mate (Title Code No. 06252) and Second Mate (Title Code No. 91569) when those titles become vacant. Dated: May 10, 2010 New York, New York MARLENE A. GOLD CHAIR CAROL A. WITTENBERG MEMBER
NOTICE OF AMENDED CERTIFICATION This notice is to acknowledge that the Board of Certification has issued an Order Amending Certification as follows: DATE: May 10, 2010 DOCKET #: AC-55-10 DECISION NUMBER: 3 OCB2d 20 (BOC 2010) EMPLOYER: City of New York, Department of Environmental Protection 59-17 Junction Boulevard Flushing, NY 11373 CERTIFIED/RECOGNIZED BARGAINING REPRESENTATIVE: District Council 37, AFSCME, AFL-CIO 125 Barclay Street, 5 th Floor New York, NY 10007 AMENDMENT: Certification No. 6-76 has been amended to add and delete the following titles/codes: Added: Mate (DEP), Levels I, II, and III (Title Code No. 91580) Deleted: Chief Mate (Title Code No. 91526) To be Deleted when Vacant: Third Mate (Title Code No. 06252) Second Mate (Title Code No. 91569)
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