DC 37 V. CITY, 8 OCB 34 (BOC 1971) [Decision No. 34-71 (Cert.)] OFFICE OF COLLECTIVE BARGAINING BOARD OF CERTIFICATION - - - - - - - - - - - - - - - - - X In the Matter of DISTRICT COUNCIL 37, AFSCME, DECISION NO.34-71 AFL-CIO, and its affiliated Locals DOCKET NO. RU-249-71 -and-THE CITY OF NEW YORK AND RELATED PUBLIC EMPLOYERS - - - - - - - - - - - - - - - - - X DECISION AND DIRECTION OF ELECTION District Council 37, AFSCME, AFL-CIO, (herein called Petitioner), filed its petition herein on January 20, 1971, requesting certification as the collective bargaining representative of Assistant Statisticians, Statisticians, Senior Statisticians, Principal Statisticians, and employees in restored Rule X titles serving in positions equated thereto. Upon consideration of its investigation, and after due deliberation, the Board of Certification issues the following Decision and Direction of Election: 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.34-71 Docket No. RU-249-71 2. II. The Appropriate Unit Association of Municipal Statisticians was previously certified as representative of the petitioned Rule XI titles (CWR-39/67, as amended by Decision No.2-69). However, the Association has not intervened herein. The title of Statistician Trainee is classified in the same Occupational Group as the petitioned Rule XI titles. At the end of one year of satisfactory training and service, employees in this title receive appointment to the title of Statistician. Thus it clearly belongs in this unit, as do the employees in restored Rule X titles who are serving in positions equated to the petitioned Rule XI titles. Our direction of election will so provide. The supervisors herein have previously voted in favor of inclusion in a mixed unit. No reason exists to disturb such unit or to conduct a second self-determination election among the supervisory employees. The City states that it "has no objection to the unit sought", but that, "after the appropriate election the unit sought should be consolidated with accounting and actuarial titles if one union represents all the titles involved." Petitioner objects to this, stating that it is seeking "an election in a unit which has already been deemed appropriate
Decision No.34-71 Docket No. RU-249-71 3. We find the petitioned unit appropriate at this time, without prejudice, however, to the filing by either party of a motion for consolidation if Petitioner is certified for the unit herein. DIRECTION OF ELECTION By virtue of and pursuant to the powers vested in the Board of Certification by the New York City Collective Bargaining Law, it is hereby DIRECTED, that as part of the investigation authorized by the Board, an election by secret ballot shall be conducted under the supervision of the Board of Certification or its agents, at a time, place, and during hours to be fixed by the Board, among the Statistician Trainees, Assistant Statisticians, Statisticians, Senior Statisticians, Principal Statisticians, and employees in restored Rule X titles serving in positions equated thereto, employed by the City of New York and related public employers subject to the jurisdiction of the Board of Certification, who were employed during the payroll period immediately preceding the date of this Direction of Election (other than those who have voluntarily quit or who have been discharged for cause before the date of election),
Decision No.34-71 Docket No. RU-249-71 4. to determine whether or not they desire to be represented for the purposes of collective bargaining by District Council 37, AFSCME, AFL-CIO. DATED: New York, N.Y. May 10, 1971 ARVID ANDERSON CHAIRMAN WALTER L. EISENBERG MEMBER ERIC J. SCHMERTZ MEMBER
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