DC 37 V. CITY, 8 OCB 39 (BOC 1971) [Decision No. 39-71 (Cert.)] OFFICE OF COLLECTIVE BARGAINING BOARD OF CERTIFICATION - - - - - - - - - - - - - - - - - - - x In the Matter of DISTRICT COUNCIL 37, AFSCME, AFL-CIO, DECISION NO.39-71 and its affiliated Local 375 DOCKET NO. RU-177-70 -and-THE CITY OF NEW YORK AND RELATED PUBLIC EMPLOYERS - - - - - - - - - - - - - - - - - - - x DECISION, ORDER AND AMENDED CERTIFICATION This proceeding was brought on by motion filed by District Council 37, AFSCME, AFL-CIO (D.C. 37) pursuant to Rule 2.18. By the motion, as amended, D.C. 37 and its affiliated Local 375 seek to add the titles of Senior Project Services Specialist and Chief Project Services Specialist to the supervisory titles for which they were certified by Decision No. 83-70, (i.e. those titles specified in Unit I of that decision). Upon consideration of its investigation, and after due deliberation, the Board of Certification issues the following decision: I. Undisputed Matters It is undisputed, and we find and conclude, that D.C. 37 and its affiliated Local 375 are public employee organizations in fact and within the meaning of the New York City Collective Bargaining Law.
Decision No.39-71 Docket No. RU-177-70 2. II. The Appropriate Unit The City agrees, and we find and conclude upon the basis of our investigation, that with the addition of the title of Senior Project Services Specialist, the titles specified in Unit I of Decision No. 83-70 constitute a unit appropriate for the purposes of collective bargaining. Accordingly, in view of our finding and conclusion in III below, we shall make such an addition by amending, in part, the certification bearing Decision No. 83-70. III. Representative Status Upon the basis of our investigation, we find that a majority of the employees in the title of Senior Project Services Specialist have authorized check-off of dues in behalf of D.C. 37, and, therefore)conclude that D.C. 37 is the duly designated representative of such employees for the purposes of collective bargaining. IV. Severance of Proceedings The City contends that Chief Project Services Specialists are managerial employees; and evidence on that issue has been and is being submitted at a hearing before a Trial Examiner of the Board. Pursuant to agreement of the parties, which we approve, we shall sever from the instant proceeding that portion thereof which relates to Chief Project Services Specialists, in order that the hearing may continue on the issue of the alleged managerial status of employees in that title.
Decision No.39-71 Docket No. RU-177-70 3. In addition, since the proceeding under Docket No. RU-177-70 was consolidated, by Board order issued October 19, 1970, with proceedings under Docket Nos. RU-161-70, RU-162-70, RU-176-70, RU-182-70, RU-183-70, and RE-16-70 (in part), and since we find and conclude, upon the record in the consolidated proceedings, that a continuation thereof will serve no useful purpose, we shall sever the proceeding under Docket No. RU-177-70 from the consolidated proceedings. ORDER AND AMENDED CERTIFICATION Pursuant to the powers vested in the Board of Certification by the New York City Collective Bargaining Law, it is hereby ORDERED, that so much of this proceeding as relates to Chief Project Services Specialist be, and the same hereby is severed; and it is further ORDERED, that the instant proceeding under Docket No. RU-177-70 be, and the same hereby is severed from the consolidated proceedings bearing Docket Nos. RU-161-70, RU-162-70, RU-176-70, RU-182-70, RU-183-70 and RE-16-70 (in part); and it is further ORDERED, that Decision No.83-70 be, and the same hereby is amended to include in the certification specified in Unit I of said decision the title of Senior Project Services Specialist, and, as amended, the unit shall consist of
Decision No.39-71 Docket No. RU-177-70 4. employees in the following titles: Senior Project Services Specialist, Principal Illustrator, Senior Principal Illustrator, Assistant Superintendent of Construction, Superintendent of Construction, General Superintendent of Construction, Supervisor of Mechanical Installations, Senior Supervisor of Mechanical Installations, Assistant Superintendent of Construction and Repairs, Superintendent of Construction and Repairs, General Superintendent of Construction and Repairs, Highway Transportation Specialist, Senior Highway Transportation Specialist, Construction Manager, Construction Manager (Health Facilities), General Superintendent of Construction (Health Facilities), Assistant Supervisor of Mechanical Installations, Chief Supervisor of Mechanical Installations, Assistant Supervisor of Electrical Installations, Supervisor of Electrical Installations, and employees in restored Rule X titles who are serving in positions equated thereto, subject to existing contracts, if any. DATED: New York, N.Y. May 10, 1971 ARVID ANDERSON CHAIRMAN ERIC J. SCHMERTZ MEMBER WALTER L. EISENBERG MEMBER
Decision No.39-71 Docket No. RU-177-70 The titles and title code numbers of employees affected by this decision are as follows: Senior Project Services Specialist 22531 Principal Illustrator 91460 Senior Principal Illustrator 91465 Assistant Superintendent of 34210 Construction Superintendent of Construction 34215 General Superintendent of 34266 Construction General Superintendent of 34267 Construction (Health Facilities) Construction Manager 34217 Construction Manager (Health 34218 Facilities) Assistant Supervisor of Mechanical 34209 Installations Supervisor of Mechanical 34216 Installations Senior Supervisor of Mechanical 34235 Installations Chief Supervisor of Mechanical 34265 Installations Assistant Supervisor of Electrical 34208 Installations Supervisor of Electrical 34220 Installations Assistant Superintendent of 91355 Construction and Repairs Superintendent of Construction 91375 and Repairs General Superintendent of 91396 Construction and Repairs Highway Transportation Specialist 22315 Senior Highway Transportation 22325 Specialist
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