City v. L.1180, CWA,44 OCB 28 (BOC 1989) [28-89 (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 certain employees of the Parking Violations Bureau of the Department of Transportation managerial and/or confidential pursuant to Section 2.20 of the Revised Consolidated Rules of the Office of Collective Bargaining, DECISION NO. 28-89 -and-LOCAL 1180, COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO; LOCAL 1549, DISTRICT DOCKET NO. RE-161-87 COUNCIL 37, AFSCME, AFL-CIO; LOCAL 2627 DISTRICT COUNCIL 37, AFSCME, AFL-CIO, Respondents. ------------------------------------- x ORDER The City of New York ("City") and Local 1180, Communication Workers of America, AFL-CIO (“CWA”), having stipulated, in writing, that, with respect to a specified Principal Administrative Associate employed by the Parking Violations Bureau, the "duties presently performed by the Special Adjudications Center Manager, a position occupied by Johnnie Mae Paylor, are Managerial and/or Confidential within the meaning of Section 201.7(a) of the Taylor Law" and, therefore, exclude the position from collective bargaining; 1 1 On April 23, 1987, District Council 37, AFSCME, AFL-CIO, the certified representative for employees in certain other positions specified in the City's petition, filed a motion (continued...)
DECISION NO. 28-89 2 DOCKET NO. RE-161-87 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 employee described above (and any successor employee in the same position who performs substantially the same duties and functions) be, and the same hereby is, designated as managerial and/or confidential employees and is excluded from the unit in Certification No. 41-73, (as amended); and it is further ORDERED, that all other aspects of the City's petition be, and the same hereby is, dismissed. DATED: New York, New York December 18, 1989 MALCOLM D. MacDONALD CHAIRMAN DANIEL G. COLLINS MEMBER (... continued) seeking dismissal of the petition on various procedural grounds. The Board of Certification ("Board") issued an Interim Decision and Order (No. 17-88), denying the motion in its entirety. However, the Board ordered the City to submit certain additional information which would clarify and support the petitioner's claims of managerial and/or confidential status as a precondition to determining whether a hearing in this matter was warranted. On January 3, 1989, the City requested withdrawal of its application with respect to all aspects of the petition except as to the title Principal Administrative Associate (Special Adjudications Center Manager).
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