City v. CWA, DC37, et. Al,32 OCB 23 (BOC 1983) [23-83 (Cert.)] OFFICE OF COLLECTIVE BARGAINING BOARD OF CERTIFICATION ------------------------------------------- x In the Matter of the Application -between-THE CITY OF NEW YORK, on its own behalf and on behalf of DECISION NO. 23-83 NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Petitioner, DOCKET NO. RE-130-82 For an Order declaring certain employees of the New York City Health and Hospitals Corporation Managerial or Confidential pursuant to Section 2.20 of the Revised Consolidated Rules of the Office of Collective Bargaining, -and-COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO; and DISTRICT COUNCIL 37, AFSCME, AFL-CIO, Respondents. ------------------------------------------- x DETERMINATION AND ORDER On February 1, 1982, the City of New York ("the City"), on its own behalf and on behalf of the New York City Health and Hospitals Corporation ("HHC"), appearing by the Office of Municipal Labor Relations ("OMLR"), filed the petition herein, seeking a determination that certain individuals employed by HHC are managerial and/or confidential within the meaning of Section 1173-4.1 of the New York City Collective Bargaining Law ("NYCCBL").
Decision No. 23-83 2 Docket No. RE-130-82 The Communications Workers of America (“CWA") filed its response on February 25, 1982, as did District Council 37 ("D.C. 37") on March 5, 1982. As part of its answer, D.C. 37 requested that the City be ordered to come forth with a bill of particulars; the request was subsequently denied. Several conferences with the parties were thereafter held under the auspices of this office. HHC submitted material updating the petition on November 15, 1982 and on December 2, 1982. on October 14, 1983, OMLR amended the petition herein. Upon consideration of the record before it and the lack of persuasive evidence to the contrary, the Board of Certification makes the following determination: I The employees listed in Appendix A, attached hereto, work as Administrative Assistants, Secretaries and Clerical Support Staff in HHC's Personnel and Labor Relations offices. As such, these individuals regularly assist and act in a confidential capacity to managerial employees who are required to assist directly in the preparation for and conduct of collective negotiations and/or have a major role in personnel administration or in the administration of collective bargaining agreements. These managerial employees include: Personnel Directors, Labor Relations Directors/Officers and Assistant Directors of Personnel.
Decision No. 23-83 3 Docket No. RE-130-82 II The employees listed in Appendix B, attached hereto, are Supervisors and Specialists in the Confidential Complaint Unit of the Emergency Medical Service ("E.M.S."). These employees act in a confidential capacity to the Executive Director of the E.M.S. and serve as an integral part of the personnel/labor relations process as it relates to employee discipline. III The employees listed in Appendix C, attached hereto, serve as Principal Administrative Associates, Office Associates and O ffice Aides in either the Office of the Vice President for Corporate Affairs or in offices which report to the Vice President for Corporate Affairs, such as the Office of the Assistant Vice President for Labor Relations, the Office of the Assistant Vice President for Personnel Management, the Office of the Personnel Director for Central Office, the Office of Personnel Program Evaluation, the Office of Certification and Examining Services, and the Office of Equal Employment Opportunity. These employees regularly assist and act in a confidential capacity to persons who formulate, determine and effectuate management policies in the fields of labor relations and personnel administration.
Decision No. 23-83 4 Docket No. RE-130-82 IV The employees listed in Appendix D, attached hereto, serve as Principal Administrative Associates, Office Associates and Office Aides in the Office of the President of HHC or in offices which report to the Office of the President, including the Office of Internal Audits, the Office of the General Counsel, the Office of the Inspector General, the Office of the Vice President for Public Affairs and Special Projects, and the Office of the Vice President for Finance (including the Budget Director's Office and the Corporate Comptroller's Office). These individuals regularly assist and act in a confidential capacity to persons who formulate, determine, and effectuate management policies in the field of labor relations and personnel administration. Additionally, employees listed in Appendix D who work in the Office of the Vice President for Finance (including the Budget Director's Office) are involved in decisions regarding budget cuts or reallocations which may require layoffs. The facts before us establish that the employees listed in Appendices A, B, C and D regularly assist and act in a confidential capacity to persons who formulate, determine and effectuate policy in labor relations and personnel management, and regularly have access to confidential information pertaining thereto. In keeping with our prior
Decision No. 23-83 5 Docket No. RE-130-82 determinations, 1 we find that these individuals are confidential employees within the meaning of NYCCBL Section 1173-4.1 on account of the particular functions which they perform and are to be excluded from collective bargaining. Additionally, successor employees who are appointed to these positions, and who perform substantially the same duties and functions performed by predecessor employees named in Appendices A, B, C and D will also be ineligible for collective bargaining. O 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 employees described in Appendices A, B, C and D, attached hereto (and successor employees in the same positions who perform substantially the same duties and functions) be, and they hereby are, designated as confidential employees and are excluded from collective bargaining. DATED: New York, N.Y. November 23, 1983 ARVID ANDERSON CHAIRMAN MILTON FRIEDMAN MEMBER DANIEL G. COLLINS MEMBER 1 See Decision Nos. 70-68, 63-72, 13-74, 19-75, 32-82.
1 APPENDIX A Bellevue W. Wintz PAA 2 R. Terry Office Associate E. Rosario Office Associate G. Diaz Office Associate R. Reinberg PAA D. Moultrie Office Associate M. Velazquez Office Associate C. Cordero Office Associate Brooklyn Central Laundry I. Waddell PAA P. Toribio Office Aide R. Reeves Office Aide Bronx Municipal Hospital Center M. Mays PAA S. Williams Office Aide G. Limanowski Office Associate F. Topf PAA R. Martinez Office Aide Coler Memorial Hospital G. Minucci PAA C. Vines Steno/Sec. Assoc. 3 G. Dennis Office Associate E. Powellet Steno/Sec. Assoc. S. Davis Office Associate Elmhurst A. Passik PAA D. Wasenius PAA C. Foote PAA G. Virola Office Associate D. Castro Office Aide R. Serlen Steno/Sec. Assoc. 2 Principal Administrative Associate. 3 Stenographic/Secretarial Associate.
2 E.M.S. J. Didrot Office Associate M. Medira Office Aide Goldwater R. Mappola PAA M. Mavrovich Steno/Sec. Assoc. Gouverneur M. Rodriguez Office Associate M. Gombo Steno/Sec. Assoc. Harlem C. Williams PAA G. Grosvenor PAA S. Grant Office Aide Kings County N. Bhola PAA B. Gold Office Aide Lincoln I. Mariconte PAA R. Grassi PAA F. Reyes Office Associate J. Irrizarry PAA I. Lugo Office Aide C. Mercado Computer Aide
3 Metropolitan W. Bachiller PAA C. Monserrate Office Aide J. Vidal PAA Morrisania NFCC S. Kassorla PAA S. Brereton Office Aide L. Mantilla Steno/Sec. Assoc. A. Acevedo Office Aide North Central Bronx F. Lowery PAA M. Rivera PAA Woodhull R. Heletsi PAA P. Pereira Steno/Sec. Assoc.
4 APPENDIX B J. Delventhal Supervising Investigator A. Maggiore E.M.S.S. 4 M.J. Schulze Supervising E.M.S.S. A. Tychnowitz Supervising E.M.S.S. 4 Emergency Medical Service Specialist.
5 APPENDIX C Office of the Vice President for Corporate Affairs Name Title R. Adelman PAA S. Asael PAA Office of the Asst. Vice President for Labor Relations Name Title M. Wells PAA E. Berg PAA C. English Office Associate A. Jones Office Associate M. Seda Office Associate M. Santiago Office Aide O. Sebastian Office Aide Office of Asst. Vice President for Personnel Management Name Title C. Martin PAA D. Worline PAA A. Harvey Office Associate H. Reese Office Aide Office of the Personnel Director for Central Office Name Title N. Godfrey PAA C. Rhabb Office Associate A. Soto Office Aide Office of Personnel Program Evaluation Name Title J. Donnarumma PAA C. O'Grady PAA R. DelRio Office Associate
6 Office of Certification and Examining Services Name Title C. Strong PAA Office of Equal Employment Opportunity Name Title G. Velez PAA J. Johnson Office Associate
7 APPENDIX D Office of the President Name Title M. Blackstone PAA S. Blanco PAA M. Flannelly PAA D. Singleton PAA A. Short Office Associate Office of Internal Audits Name Title M. Dino PAA K. Douglas Office Aide G. Moore Office Aide Office of the General Counsel Name Title A. Young PAA Office of the General Inspector Name Title L. Day PAA P. Kearney PAA M. Liburd Office Associate A. Soler Office Associate N. Crespo Office Aide J. Weaver Office Associate Office of the Vice President for Public Affairs and Special Projects Name Title P. Rochelle PAA S. Simmons PAA P. Williams PAA
8 Office of the Vice President for Finance Name Title J. Davis PAA V. Camara PAA Budget Director Office Name Title L. Dickson PAA C. Rivera PAA S. Skinner PAA Corporate Controller’s Office Name Title M. D'Ambrosia PAA
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