DC 37 V. CITY, 8 OCB 52 (BOC 1971) [Decision No. 52-71 (Cert.)] OFFICE OF COLLECTIVE BARGAINING BOARD OF CERTIFICATION - - - - - - - - - - - - - - - - x In the Matter of DISTRICT COUNCIL 37, AFSCME, DECISION NO. 52-71 AFL-CIO -and-DOCKET NO. RU-260-71 THE CITY OF NEW YORK AND RELATED PUBLIC EMPLOYERS - - - - - - - - - - - - - - - -x DECISION AND ORDER On February 24, 1971, District Council 37, AFSCME, AFL-CIO (herein called Petitioner) filed its petition (Docket No. RU-260-70), requesting that the titles of Group Teacher (Day Care Center) and Director (Day Care Center) be added to Unit II of Certification No.40-71 (formerly CWR-70/67, as amended), covering various non-professional, supervisory, social service and related titles. 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 Petitioner is a public employee organization, in fact and within the meaning of the New York City Collective Bargaining Law.
Decision No. 52-71 Docket No. RU-260-71 2. II. The Appropriate Unit and Representative Status Petitioner seeks to add the petitioned titles to an existing unit of various non-professional, supervisory, social service and related titles (Unit II of Decision No.40-71). The City made the objection, with which we concur, that the title of Group Teacher (Day Care Center) is not a supervisory title. However, we find that Group Teacher (Day Care Center) is a professional title, as the basic requirement for it is a teaching certificate in early childhood education. Therefore, it properly belongs in Certification CWR-69/67 (as amended by Decision No.73-70), which covers professional, supervisory and non-supervisory social service titles, including Social Worker, Supervisor I (Social Work), Supervisor II (Social Work), Supervisor III (Social Work), Supervisor II (Training), Supervisor III (Training), Supervising Children's Counselor and Principal Children's Counselor. It appears to the satisfaction of the Board that a majority of employees in the title of Group Teacher (Day Care Center) have demonstrated their desire to be represented by District Council 37, AFSCME, AFL-CIO, by having authorized check-off of dues in behalf of said organization and, accordingly, we shall add such title to Certification CWR-69/67, as amended.
Decision No. 52-71 Docket No. RU-260-71 3. III. Consolidation of Proceedings Since the status of the Director (Day Care Center) with respect to his capacity as a managerial and/or confidential employee is disputed, we shall sever from this case the portion thereof which relates to Director (Day Care Center) for the purpose of resolving the dispute as hereinafter provided. There is currently pending before the Board a related petition (Docket No. RU-212-70) for Assistant Director (including specialties). We find that good and sufficient reason exists for the consolidation of said case with that portion of Case No. RU-260-71 which relates to Director (Day Care Center). Accordingly, we shall consolidate these cases for the purposes of hearing, at which testimony will, inter alia, be taken in order to resolve the duties of Director (Day Care Center). 0 R D E R 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 Case No. RU-260-71 as relates to Director (Day Care Center) be, and the same hereby is, severed; and it is further
Decision No. 52-71 Docket No. RU-260-71 4. ORDERED, that Case No. RU-260-71, as severed, be, and the same hereby is, consolidated with Case No. RU-212-70 for the purposes of hearing; and it is further ORDERED, that Certification CWR-69/67, as amended, be, and the same hereby is further amended to include the title of Group Teacher (Day Care Center); and, as amended, such unit shall be cited as "Decision No. 52-71" and shall consist of Group Teachers (Day Care Center), Social Workers, Supervisors I (Social Work), Supervisors II (Social Work), Supervisors III (Social Work), Supervisors II (Training), Supervisors III (Training), Supervising Children's Counselors, and Principal Children's Counselors employed by the City of New York and related public employers subject to the jurisdiction of the Board of Certification. DATED: New York, N.Y. June 23, 1971 ARVID ANDERSON CHAIRMAN WALTER L. EISENBERG MEMBER ERIC J. SCHMERTZ MEMBER
Decision No. 52-71 Docket No. RU-260-71 The titles and title code numbers of the employees affected by this decision are as follows: Group Teacher (Day Care Center) 02935 Social Worker 52613 Supervisor I (Social Work) 52631 Supervisor II (Social Work) 52632 Supervisor III (Social Work) 52633 Supervisor II (Training) 52638 Supervisor III (Training) 52639 Supervising Children's Counselor 51560 Principal Children's Counselor 51565
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