City v. L.371, SEU, et. Al,34 OCB 16 (BOC 1984) [16-84 (Amend. Cert.)] OFFICE OF COLLECTIVE BARGAINING BOARD OF CERTIFICATION ----------------------------------- x In the Matter of the Application of THE CITY OF NEW YORK, Petitioner, For an order declaring all employees in various sections of the Mayor's Office managerial or confidential pursuant to Section 2.20 of the Revised Consolidated Rules of the Office of Collective Bargaining, DECISION NO. 16-84 -and-DISTRICT COUNCIL 37, DOCKET NO. RE-104-80 AFSCME, AFL-CIO, -and-LOCAL 375, CIVIL SERVICE TECHNICAL GUILD, AFSCME, AFL-CIO, -and-LOCAL 371, SOCIAL SERVICE EMPLOYEES UNION, AFSCME, AFL-CIO, -and-COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, -and-CIVIL SERVICE BAR ASSOCIATION, affiliated with LOCAL 237, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, -and-ALLIED BUILDING INSPECTORS, LOCAL 211, IUOE, AFL-CIO, Respondents. ----------------------------------- x
Decision No. 16-84 2 Docket No. RE-104-80 ORDER AMENDING DECISION On June 13, 1984, the Board of Certification issued its Decision No. 7-84 herein, which inter alia, DETERMINED, that the Commission on the Status of Women, Office for the Handicapped, Voluntary Action Center, Juvenile Justice Information System, Adult Justice Information System, Arson Task Force, Midtown Enforcement Project, and Office of Single Room Occupancy Housing are not inherently managerial and/or confidential; ... In its decision, the Board of Certification observed, however, that “each of the above-described offices also includes one or more employees who have been designated managerial and whose status is not at issue in this proceeding. In each such section, the highest level managerial employees necessarily are concerned with labor relations, personnel and budgetary matters affecting that office and may be aided in the performance of managerial duties by one or more employees who, because of their relationship to said manager, should be designated confidential." Accordingly, the Board of Certification DIRECTED, that the City of New York may identify no more than two individuals in each of the offices named ... to be designated as confidential, and that it shall serve and file notice of its designations ... no later than 15 days following receipt of this decision; ....
Decision No. 16-84 3 Docket No. RE-104-80 DIRECTED, that the union certified to represent an employee designated confidential in accordance with this decision, and/or any employee so designated, shall, within ten days of notification of such designation, serve and file an objection, if any, to such designation .... The City has identified two individuals in each of five offices to be designated as confidential and has notified the employees so identified and the unions certified to represent those employees. Since the time in which to file objections to the proposed designations has expired, and no objections were received, we shall now designate as confidential the ten employees listed in an Appendix to this decision. In addition, successor employees who may be appointed to the positions presently held by the individuals listed in the Appendix and who perform substantially the same duties and functions as performed by their predecessors shall 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
Decision No. 16-84 4 Docket No. RE-104-80 ORDERED, that the employees named in the Appendix hereto (and successor employees in the same positions who perform substantially the same duties and functions) be, and the same hereby are, designated as confidential employees and excluded from collective bargaining. DATED: New York, N.Y. October 18, 1984 ARVID ANDERSON CHAIRMAN MILTON FRIEDMAN MEMBER DANIEL G. COLLINS MEMBER
Decision No. 16-84 5 Docket No. RE-104-80 APPENDIX Office for the Handicapped Ana Hinds Robert Hodge Voluntary Action Center Carol Asbury Chris Clarke Arson Task Force Thomas Langtry Avril Miller Midtown Enforcement Project Suzy Edelstein Helen Osorio Office of Single Room Occupancy Housing Josephine McKinney Alexander Morales
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