DC37 v. City, 6 OCB 2 (BOC 1970) [Decision No. 2-70 (Cert.)] OFFICE OF COLLECTIVE BARGAINING BOARD OF CERTIFICATION - - - - - - - - - - - - - -X In the Matter of DISTRICT COUNCIL 37, AFSCME, AFL-CIO DECISION NO. 2-70 -and- DOCKET NO. RU-95-69 THE CITY OF NEW YORK - - - - - - - - - - - - -X DECISION AND CERTIFICATION On February 3, 1969, District Council 37, AFSCME, AFL-CIO, filed its petition herein requesting certification as the exclusive collective bargaining representative of the Director and the Assistant Director of Rehabilitation employed by the City of New York. Petitioner subsequently withdrew the former title from the petition. Upon consideration of its investigation, and after due delibration, the Board of Certification issues the following decision: I. Undisputed Matters It is 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.
Decision No. 2-70 Docket No.RU-95-69 2. II. The Appropriate Unit Petitioner was certified by the New York City Department of Labor, in 1963 and 1965, as representative of a unit consisting of approximately twenty-three Rehabilitation Counselors and two Senior Rehabilitation Counselors (5 NYCDL No.99, 7 NYCDL No.4, and MR-12-65). The title of Senior Rehabilitation Counselor is now vacant. Rehabilitation Counselors, Senior Rehabilitation Counselors, and the Assistant Director of Rehabilitation perform various levels of testing, guidance, counseling, and classification work in hospitals and penal institutions. The City recommends that the Assistant Director of Rehabilitation he added to an existing unit (CWR-70-67) of supervisory social service and related employees. However, that unit consists of non-professional employees, while the employees herein are professional. The cited titles all require master's degrees or specialized baccalaureate degrees, while those included in CWR-70-67 require only unspecialized baccalaureate degrees. It is clear from the foregoing, and we find, that the duties, skills, and interests of the Assistant Director of Rehabilitation are closely related and allied to those of the
Decision No. 2-70 Docket No.RU-95-69 3. Rehabilitation Counselors and Senior Rehabilitation Counselors. The Assistant Director of Rehabilitation, in an affidavit filed with the Board, has expressed his desire to be included in the same bargaining unit. Accordingly, we find that the titles of Rehabilitation Counselor, Senior Rehabilitation Counselor and Assistant Director of Rehabilitation constitute a unit appropriate for the purposes of collective bargaining. III. Representative Status Our investigation discloses that a majority of the employees in the appropriate unit including the Assistant Director of Rehabilitation, 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. CERTIFICATION Pursuant to the powers vested in the Board of Certification by the New York City Collective Bargaining Law, it is hereby
Decision No. 2-70 Docket No. RU-95-69 4. C E R T I F I E D, that District Council 37, AFSCME, AFL-CIO, is the exclusive representative for the purposes of collective bargaining of the Assistant Director of Rehabilitation and all Senior Rehabilitation Counselors and Rehabilitation Counselors employed by the City of New York, 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. 2-70 Docket No. RU-95-69 The titles and title code numbers of the employees affected by this decision are as follows: Assistant Director of Rehabilitation 60385 Senior Rehabilitation Counselor 51215 Rehabilitation Counselor 51213
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