Ass. of Build. Inspec. V. City, 6 OCB 1 (BOC 1970) [Decision No. 1-70 (Cert.)] OFFICE OF COLLECTIVE BARGAINING BOARD OF CERTIFICATION In the Matter of ASSOCIATION OF BUILDING INSPECTORS DECISION NO. 1-70 -and-DOCKET NO. RU-105-69 THE CITY OF NEW YORK AND RELATED PUBLIC EMPLOYERS DECISION AND CERTIFICATION The petition herein seeks certification as the collective bargaining representative of employees in various Rule XI-XII titles in the Building and Construction Inspection Occupational Group and the Public Health and Safety Inspectional Occupational Group, at the levels of Inspector and Senior Inspector, and in certain Rule X titles serving in positions equated thereto. The City has interposed no objection to the requested unit. Upon consideration of its investigation, and after due deliberation, the Board of Certification issues the following decision: I. Undisputed Matters It was undisputed, and we find and conclude, that Petitioner is a public employee organization in fact and within the meaning of the New York City Collective Bargaining Law. II. The Appropriate Unit The petitioner holds City-wide certifications issued by the New York City Department of Labor for employees in the following non-supervisory titles and their Rule X equivalents:
DECISION NO. 1-70 DOCKET NO. RU-105-69 2 Inspector of Low Pressure Boilers Boiler Inspector Senior Boiler Inspector Elevator Inspector Senior Elevator Inspector Hoists & Rigging Inspector Sr. Hoists & Rigging Inspector Plastering Inspector Plumbing Inspector Senior Plumbing Inspector Steel Construction Inspector Construction Inspector Senior Construction Inspector Housing Construction Inspector Senior Housing Construction Inspector Housing Inspector Senior Housing Inspector Petitioner seeks certification for a single unit consisting of employees in the above titles and all other Inspector and Senior Inspector titles and their Rule X equivalents, who are engaged in the inspection of various aspects of construction work, have similar or related skills and interests, and are not now represented for the purposes of collective bargaining. 1 Civil Service Forum, Local 300, SEIU, AFL-CIO, has applied to intervene herein on the ground that, as the certified representative of Pipe-Laying Inspectors (6 NYCDL No. 55 and MR-23-64), it should also represent Senior Pipe-Laying Inspectors. Petitioner is willing to exclude the Senior Pipe-Laying Inspectors from the unit it seeks therein. However, the unit is a residual unit of all related titles and, therefore, A 1 pproximately twenty somewhat related titles are represented by other unions.
DECISION NO. 1-70 DOCKET NO. RU-105-69 3 should include all such titles which are not now represented for the purposes of collective bargaining. Accordingly, we grant the application to intervene, but deny Intervenor's request to exclude the Senior Pipe-Laying Inspectors from the unit. We find and conclude that the employees in the following non-supervisory titles and those serving in the titles listed above, constitute a unit appropriate for the purposes of collective bargaining, in fact and within the meaning of the New York City Collective Bargaining Law: Senior Pipe-Laying Inspector Senior Plastering Inspector Inspector of Cement Tests Senior Inspector of Cement Tests Inspector of Concrete Tests Heating and Ventilation Inspector Senior Heating and Ventilation Inspector Hull and Machinery Inspector and those employees in restored Rule X titles who are serving in positions equated to the cited Rule XI-XII titles. III. Representative Status Our investigation discloses that a majority of the employees in the appropriate unit have authorized dues check-off in behalf of Petitioner. We find and conclude, therefore, that Petitioner has been designated and selected by a majority of the employees in the appropriate unit as their representative for the purposes of collective bargaining. C E R T I F I C A T 1 0 N Pursuant to the powers vested in the Board of Certification by the New York City Collective Bargaining Law,
DECISION NO. 1-70 DOCKET NO. RU-105-69 4 it is hereby 0 R D E R E D , that the application to intervene filed by Civil Service Forum, Local 300, SEIU, AFL-CIO, is granted; and it is hereby C E R T I F I E D , that Association of Building Inspectors, is the exclusive representative for the purposes of collective bargaining of all employees in the appropriate unit described above, employed by the City of New York and related public employers under the jurisdiction of the Office of Collective Bargaining, subject to existing contracts, if any. DATED: New York, N.Y. January 5, 1970. ARVID ANDERSON C h a i r m a n WALTER L. EISENBERG M e m b e r ERIC J. SCHMERTZ M e m b e r
DECISION NO. 1-70 DOCKET NO. RU-105-69 Listed below are titles and title numbers: Inspector of Low Pressure Boilers 31910 Boiler Inspector 31915 Senior Boiler Inspector 31935 Elevator Inspector 33015 Senior Elevator Inspector 33035 Hoists & Rigging Inspector 33215 Sr. Hoists & Rigging Inspector 33235 Plastering Inspector 33515 Plumbing Inspector 33615 Senior Plumbing Inspector 33635 Steel Construction Inspector 32515 Construction Inspector 32215 Senior Construction Inspector 32235 Housing Construction Inspector 32315 Senior Housing Construction Inspector 32335 Housing Inspector 31515 Senior Housing Inspector 31535 Senior Plastering Inspector 33535 Inspector of Cement Tests 32715 Senior Inspector of Cement Tests 32735 Inspector of Concrete Tests 35221 Heating & Ventilation Inspector 33115 Sr. Heating & Ventilation Inspector 33135 Hull and Machinery Inspector 33315 Senior Pipe Laying Inspector 33435 N.B. Unit also includes employees in various Rule X titles serving in positions equated to foregoing Rule XI-XII titles .
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