L.1, et. Al v. City, 6 OCB 81 (BOC 1970) [Decision No. 81-70 (Cert.)] OFFICE OF COLLECTIVE BARGAINING BOARD OF CERTIFICATION In the Matter of ELEVATOR CONSTRUCTORS UNION LOCAL No.1 DECISION NO. 81-70 OF THE INTERNATIONAL UNION OF ELEVATOR CONSTRUCTORS, AFL-CIO DOCKET NO. RU-201-70 -and-THE CITY OF NEW YORK AND RELATED PUBLIC EMPLOYERS DECISION AND DIRECTION OF ELECTIONS On July 1, 1970, Elevator Constructors Union Local No.1 of The International Union of Elevator Constructors, AFL-CIO (herein called Petitioner) filed a petition with the Office of Collective Bargaining requesting certification as the collective bargaining representative for the titles of Foreman Elevator Mechanic, Elevator Mechanic and Elevator Mechanic's Helper. Upon consideration of its investigation, and after due deliberation, the Board of Certification issues the following Decision and Direction of Elections: I. Undisputed Matters It is undisputed, and we find and conclude, that, in fact and within the meaning of the New York City Collective Bargaining Law, Petitioner is a public employee organization.
Decision No. 81-70 Docket No. RU-201-70 2. II. The Appropriate Unit Petitioner and the Employers agree that the petitioned unit of Foremen Elevator Mechanics, Elevator Mechanics, and Elevator Mechanic's Helpers is appropriate for the purposes of collective bargaining. However, Foremen Elevator Mechanics are supervisory employees, and ยง1173-3.0(1) of the New York City Collective Bargaining Law provides that supervisory employees shall not be placed in the same unit as non-supervisory employees without "the consent of a vote of a majority of the ... supervisory employees involved." Our unit findings, therefore will await the outcome of a self-determination election to be conducted among the supervisory titles. If a majority of the supervisory employees voting in the election vote in favor of a combined unit of supervisory and non-supervisory employees, we shall find such unit appropriate. If a majority of the supervisory employees voting in the election do not vote in favor of a combined unit, we shall find separate supervisory and non-supervisory units appropriate.
Decision No. 81-70 Docket No. RU-201-70 3. DIRECTION OF ELECTIONS Pursuant to the powers vested in the Board of Certification by the New York City Collective Bargaining Law, it is hereby DIRECTED: 1. That separate 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 among: A. Elevator Mechanics and Elevator Mechanic's Helpers; B. Foremen Elevator Machanics employed by the City of New York and related public employers subject to the jurisdiction of the Board of Certification, during the payroll period immediately pre-ceeding the date of this Direction of Elections, other than those who have voluntarily quit or who have been discharged for cause before the date of the elections. 2. The question to be voted on in the election conducted among the Elevator Mechanics and Elevator Mechanic's Helpers shall be:
Decision No. 81-70 Docket No. RU-201-70 4. "Do you desire to be represented for the purposes of collective bargaining by Elevator Constructors Union Local No.1 of The International Union of Elevator Constructors, AFL-CIO?" 3.The questions to be voted on in the election conducted among the Foremen Elevator Mechanics shall be: "(a) Do you desire to be represented for the purposes of collective bargaining (1) as a unit limited to Foremen Elevator Mechanics, or (2) in a combined unit of Foremen Elevator Mechanics, Elevator Mechanics, and Elevator Mechanic's Helpers?" "(b) Do you desire to be represented for the purposes of collective bargaining by Elevator Constructors Union Local No.1 of The International Union of Elevator Constructors, AFL-CIO?" 4. If a majority of the Foremen Elevator Mechanics casting valid ballots: (a) vote in favor of a combined unit with Elevator Mechanics and Elevator Mechanic's Helpers, the votes cast by Foremen Elevator
Decision No. 81-70 Docket No. RU-201-70 5. Mechanics on question (b) in paragraph 3 above, shall be counted and tabulated together with the votes cast by the Elevator Mechanics and Elevator Mechanic's Helpers; (b) do not vote in favor of a combined unit with Elevator Mechanics and Elevator Mechanic's Helpers, the votes of Foremen Elevator Mechanics on question (b) in paragraph 3 above, shall be counted and tabulated separately. DATED: New York, N.Y. November 25, 1970 ARVID ANDERSON CHAIRMAN WALTER L. EISENBERG MEMBER ERIC J. SCHMERTZ MEMBER
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