L.246, SEIU, et. Al v. City, et. Al, 6 OCB 20 BOC 1970) [Decision No. 20-70 (Cert.)] OFFICE OF COLLECTIVE BARGAINING BOARD OF CERTIFICATION In the Matters of NEW YORK CITY LOCAL 246, S.E.I.U., AFL-CIO, -and-DECISION NO. 20-70 COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, -and-DOCKET NOS: RU-119-69 CITY EMPLOYEES UNION, LOCAL 237, I.B.T., RU-139-69 Petitioners, RU-142-69 -and- RU-148-69 DISTRICT COUNCIL 37, AFSCME, AFL-CIO -and-LOCAL 621, S.E.I.U., AFL-CIO, -and-DISTRICT 15, LOCAL 432, I.A.M. & A.W. AFL-CIO, Interveners, -and-THE CITY OF NEW YORK AND RELATED PUBLIC EMPLOYERS A p p e a r a n c e s Abrashkin and Krieger, Esqs. by Bernard Abrashkin, Esq. for New York City Local 246, S.E.I.U., AFL-CIO and Local 621, S.E.I.U., AFL-CIO Ted J. Watkins for Communications Workers of America, AFL-CIO Julius Topol, Esq. by Joan Stern Kiok, Esq. for District Council 37, AFSCME, AFL-CIO Vladeck, Elias, Vladeck and Lewis, Esqs. by Sylvan H. Elias, Esq. for District 15, I.A.M. & A.W., AFL-CIO Philip J. Ruffo, Esq. by Gerald Schilian, Esq. for Office of Labor Relations Morris Weissberg, Esq.
for City Employees Union, Local 237, I.B.T.
DECISION NO. 20-70 DOCKET NOS. RU-119, 139, 142, 148-69 2 DECISION, ORDER AND DIRECTION OF ELECTIONS On June 12, 1969, New York City Local 246, S.E.I.U., AFL-CIO (herein Local 246), filed a petition for certification as collective bargaining representative of a city-wide unit of Carriage Upholsterers (Docket No. RU-119-69). On October 8, 1969, Local 246 filed a petition for certification as collective bargaining representative of a city-wide unit of Auto Mechanics, Auto Machinists, Auto Electricians, Auto Mechanics (Diesel), Machinists, Machinists' Helpers and Batterymen. This petition was amended to add Auto Serviceman and Carriage Upholsterer to the titles included in the proposed unit (Docket No. RU-139-69). On October 20, 1969, Communications Workers of America, AFL-CIO (herein CWA), filed a petition for certification as collective bargaining representative of a city-wide unit of Foremen Auto Mechanics and Foremen Auto Machinists. This petition was amended to add Foreman Machinist to the included titles (Docket No. RU-142-69). On November 17, 1969, City Employees Union, Local 237, I.B.T. (herein Local 237), filed a petition for certification as collective bargaining representative of a city-wide unit of Rubber Tire Repairers (Docket No. RU-148-69). Applications to intervene in one or more of these proceedings were filed by District Council 37, AFSCME, AFL-CIO (herein District Council 37), District 15, Local 432, International Association of Machinists and Aerospace Workers, AFL-CIO (herein District 15), and Local 621, S.E.I.U., AFL-CIO (herein Local 621). By order of the Board, dated February 16, 1970, the matters were consolidated for purposes of hearing. Hearings were held on March 4 and 16, 1970, before Malcolm D. MacDonald, Esquire, Trial Examiner. Upon consideration of the entire record herein, and after due deliberation, the Board issues the following decision:
DECISION NO. 20-70 DOCKET NOS. RU-119, 139, 142, 148-69 3 The Appropriate Units The titles involved in these consolidated proceedings are: Machinist, Machinist's Helper, Auto Machinist, Auto Mechanic, Auto Mechanic (Diesel), Electrician (Automobile), Automotive Serviceman, Batteryman, Carriage Upholsterer, Rubber Tire Repairer, Foreman Machinist, Foreman Auto Machinist, Foreman Auto Mechanic, and Foreman of Mechanics (Motor Vehicles). Positions of the Parties The Office of Labor Relations urges the establishment of a single over-all unit including the foreman titles. Local 246, S.E.I.U., seeks a unit of all except the foreman titles. Local 621, S.E.I.U., and C.W.A. seek units limited to the foreman titles. District Council 37 contends that Machinists and Machinists' Helpers constitute a separate bargaining unit. Local 237, I.B.T., urges a separate unit for Rubber Tire Repairers. District No. 15 contends that Automotive Servicemen, Batterymen, Rubber Tire Repairers and Carriage Upholsterers should be excluded.
DECISION No. 20-70 DOCKET NO RU-119, 139, 142, 148-69 4 Machinist and Machinist's Helper District Council 37 contends that Machinists and Machinists' Helpers do not perform automotive work and therefore should be placed in a separate unit. Although some Machinists in certain departments do not service automotive equipment, other Machinists in the department are so employed. In the Department of Sanitation, which employs, by far, the largest number of Machinists and Machinists’ Helpers, Machinists are used interchangeably with Auto Machinists, and Machinists' Helpers assist Auto Machinists and Auto Mechanics as well as Machinists. The interrelation of the positions is further demonstrated by the job specifications which require one year of employment as a Machinist's Helper as a qualification for appointment as a Machinist, Auto Machinist or Auto Mechanic. Similarly, an Auto Machinist is eligible for promotion to the same positions as a Machinist; namely, Foreman Machinist or Foreman Mechanic (Motor Vehicles) 1 A 1 uto Machinists also are eligible for promotion to Foreman Auto Machinist and Foreman Auto Mechanic. Auto Mechanics may be promoted to Foreman Mechanic (Motor Vehicles) or Foreman Auto Mechanic. Auto Mechanics (Diesel) and Electrician (Automobiles) are eligible for promotion to Foreman Auto Mechanic. The lines of promotion for Automotive Servicemen, Carriage Upholsterers, Batterymen, and Rubber Tire Repairers have not yet been determined.
DECISION NO. 20-70 DOCKET NOS. RU-119, 139, 142, 148-69 5 Further, the history of collective bargaining, as it developed under the City Department of Labor included Machinists and Machinists' Helpers in the same departmental bargaining units with Auto Machinists and Auto Mechanics (See, e.g., Certifications 4 NYCDL No. 63, 5 NYCDL No. 30, 6 NYCDL No. 4, and 8 NYCDL No. 105). We find and conclude, therefore, that Machinists and Machinists' Helpers have a substantial mutuality of interests and skills with the other titles here involved. Automotive Servicemen, Batterymen Rubber Tire Repairers, and Carriage Upholsterers District 15 seeks to exclude Automotive Servicemen, Batterymen, Rubber Tire Repairers, and Carriage Upholsterers. It contends that the Comptroller consistently has dealt with Auto Mechanics, Auto Mechanics (Diesel), Electricians (Automobile), Auto Machinists, Machinists, Machinists' Helpers, Foremen Machinists, and Foremen Auto Mechanics as a group in making prevailing wage rate determinations under §220 of the Labor Law, and that therefore they should be treated as a separate unit or units. The grouping of titles by the Comptroller for purposes of prevailing wage rate determinations does not involve consideration of the factors involved in ascertaining an appropriate bargaining unit, nor does it constitute
DECISION NO. 20-70 DOCKET NOS. RU-119, 139, 142, 148-69 6 a unit determination. To the contrary, §220 (3) provides that wage determinations shall be based upon the prevailing rate "in the same trade or occupation." Moreover, District 15, for over eight years, has been the certified collective bargaining representative of a departmental unit which includes Batterymen in addition to the titles to which District 15 would limit the unit. Automotive Servicemen, Batterymen, Rubber Tire Repairers and Carriage Upholsterers concededly are engaged in automotive work, as stated in the job specifications. In Matter of Local 246, S.E.I.U., AFL-CIO, Decision No. 45-69, this Board dismissed a petition for certification on the ground that a bargaining unit limited to Automotive Servicemen was inappropriate. 2 We there said: "In the past, the City Department of Labor and this Board found appropriate 'automotive trades units' consisting of Machinists, Machinists' Helpers, Auto Machinists, Auto Mechanics, Auto Mechanics (Diesel), and Batterymen employed in various City departments. "Employees in these automotive trades units service, repair, and overhaul motor vehicles and other equipment. Automotive Servicemen (a new title) work with the other automotive employees, changing tires and lubricating, cleaning and inspecting such vehicles. Their duties, working conditions, and interests manifestly are similar and related to those of the other automotive personnel." 2 Similarly, in Matter of Local 237, I.B.T., Decision No. 4-68, we dismissed a petition for a departmental unit limited to Batterymen
DECISION NO. 20-70 DOCKET NOS. RU-119, 139, 142, 148-69 7 The decision further states: "A City-wide automotive trades unit, including the Automotive Servicemen here petitioned for, manifestly is appropriate -- effectuating the purposes of the New York City Collective Bargaining Law and the Board policy referred to above." Foremen Titles All parties agree that the Foremen titles here concerned are supervisory. The Office of Labor Relations argues in favor of a combined unit of the supervisory and non-supervisory titles. This is opposed by C.W.A., Locals 246, and 621, S.E.I.U. District 15 and Local 237 took no position on this question. In Matter of Municipal Association of Electronic Data Processing Personnel, Decision No. 40-68, which involved a similar contention by the City, we said: “. . . Section 1173-3.01 of the New York City Collective Bargaining Law expressly provides that "Supervisory employees shall not be included in the same bargaining unit as non-supervisory . . . employees without the consent of a vote of a majority of the supervisory employees involved. As the supervisory employees here have petitioned for a separate bargaining unit, we find no merit in the City's contention." We see no reason to depart from the rule set forth in that decision.
DECISION NO. 20-70 DOCKET NOS. RU-119, 139, 142, 148-69 8 Findings and Conclusions Upon the entire record herein, we find and conclude that: A. Auto Mechanics, Auto Machinists, Electricians (Automobile), Auto Mechanics (Diesel), Machinists, Machinists' Helpers, Batterymen, Automotive Servicemen, Carriage Upholsterers, and Rubber Tire Repairers; and B. Foremen Auto Mechanics, Foremen Auto Machinists, Foremen Machinists, and Foremen of Mechanics (Motor Vehicles) constitute separate units appropriate for the purposes of collective bargaining in fact and within the meaning of the New York City Collective Bargaining Law. District 15 has stated that it wishes to appear on the ballot in each of the above units. Local 246, S.E.I.U. desires to appear on the ballot only for the non-supervisory
DECISION NO. 20-70 DOCKET NOS. RU-119, 139, 142, 148-69 9 unit (A) above. CWA and Local 621 have indicated they wish to appear only on the ballot for the supervisory unit (B) above. District Council 37 and Local 237 do not wish to appear on the ballot for either of the units found appropriate. Our Direction of Elections will so provide. ORDER AND DIRECTION OF ELECTIONS Pursuant to the powers vested in the Board of Certification by the New York City Collective Bargaining Law, it is hereby 0 R D E R E D , that the applications of District Council 37, AFSCME, AFL-CIO, District 15, I.A.M.& A.W., AFL-CIO, and Locals 246 and 621, S.E.I.U., AFL-CIO, to intervene in the matters before us be, and the same hereby are, granted, and it is further D I R E C T E D , that elections by secret ballot shall be conducted under the supervision of the Board, or its agents, at a time, place, and during hours to be fixed by the Board, to determine A. whether Auto Machinists, Auto Mechanics, Auto Mechanics (Diesel), Machinists, Machinists' Helpers, Electricians (Automobile), Automotive Servicemen, Carriage Upholsterers, Batterymen, and Rubber Tire Repairers, employed by the City of New York and related public employers subject to the jurisdiction of the Board of Certification, and who were employed during the payroll period immediately preceding the date of this Direction of Elections (other than those who have voluntarily quit or resigned, or who have been discharged for cause before the date of the election) desire to be represented for the purposes of collective bargaining by Local 246, S.E.I.U., AFL-CIO; by District 15, I.A.M.& A.W., AFL-CIO, or by neither; and
DECISION NO. 20-70 DOCKET NOS. RU-119, 139, 142, 148-69 10 B. whether Foremen Auto Mechanics, Foremen Auto Machinists, Foremen Machinists, and Foremen of Mechanics (Motor Vehicles), employed by the City of New York and related public employers subject to the jurisdiction of the Board of Certification, and who were employed during the payroll period immediately preceding the date of this Direction of Elections (other than those who have voluntarily quit or retired, or who have been discharged for cause before the date of the election) desire to be represented for the purposes of collective bargaining by Communications Workers of America, AFL-CIO, by Local 621, S.E.I.U., AFL-CIO, by District No. 15, I.A.M. & A.W., AFL-CIO, or by none of them. DATED: New York, N.Y. May 4, 1970. ARVID ANDERSON C h a i r m a n ERIC J. SCHMERTZ M e m b e r WALTER L. EISENBERG M e m b e r
DECISION NO. 20-70 DOCKET NOS. RU-119, 139, 142, 148-69 11 TO: Abrashkin & Krieger, Esqs. 291 Broadway New York, N.Y. Ted J. Watkins Communications Workers of America 85 Worth Street New York, N.Y. 10013 Julius Topol, Esq., 365 Broadway New York, N.Y. 10013 Vladeck, Elias, Vladeck & Lewis, Esqs. 165 West 46 Street New York, N.Y. Morris Weissberg, Esq. 15 Park Row New York, N.Y. Philip J. Ruffo, Esq. 250 Broadway New York, N.Y. 10007
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