Local 375, DC 37, 8 OCB2d 33 (BOC 2015) (Rep) (Docket No. AC-1591-14) Summary of Decision: In response to stipulations among the parties, the Board added the titles Administrative Director of Laboratory (Water Quality) (Non-Managerial), Administrative Project Director (HPD) (Non-Managerial), and Administrative Project Manager (Non-Managerial) to Certification No. 26-78. (Official decision follows.) ____________________________________________________________ OFFICE OF COLLECTIVE BARGAINING BOARD OF CERTIFICATION In the Matter of the Certification Proceeding -between- CIVIL SERVICE TECHNICAL GUILD, LOCAL 375, DISTRICT COUNCIL 37, AFSCME, AFL-CIO, Petitioner, -and- THE CITY OF NEW YORK, Respondent. ____________________________________________________________ ORDER AMENDING CERTIFICATIONS On October 27, 2014, Civil Service Technical Guild, Local 375, District Council 37, AFSCME, AFL-CIO (“Local 375”) filed a petition pursuant to § 1-02(u) of the Rules of the Office of Collective Bargaining (Rules of the City of New York, Title 61, Chapter 1) requesting that employees in managerial level I of the following titles be accreted to Certification No. 26-78, the Engineering and Scientific bargaining unit: Administrative Contract Specialist (Title Code No. 10095), Administrative Director of Laboratory
8 OCB2d 33 (BOC 2015) 2 (Water Quality) (Title Code No. 10055), Administrative Project Director (HPD) (Title Code No. 95566), and Administrative Project Manager (Title Code No. 83008). 1 No hearing was held at the request of the parties so that they could negotiate a settlement. On November 4, 2015, Local 375 and the City of New York (“City”) signed a stipulation of settlement in which they agreed that, with the exception of employees in certain positions and in certain agencies, employees presently in level I of the Managerial Pay Plan in three of the four titles share a community of interest with Local 375’s Engineering and Scientific bargaining unit. 2 Accordingly, the City agreed to withdraw its objection to Local 375’s representation of these employees. In order to effectuate the provisions of the stipulation, the City established the following new titles and codes, and agreed to recognize Local 375 as the sole and exclusive bargaining representative of employees in these titles: Administrative Director of Laboratory (Water Quality) (Non-Managerial), Administrative Project Director (HPD) (Non-Managerial), and Administrative Project Manager (Non-Managerial). In addition, Local 375 and the City agreed that the positions held by the 34 employees listed on Appendix A should be designated managerial and confidential and to exclude employees from the following agencies: the Office of Labor Relations, the Office of Management and Budget, the 1 Although the New York City Housing Authority (“NYCHA”) was also named in the petition as a respondent, it was later determined that none of the employees at issue were employed by NYCHA. Accordingly, NYCHA is not a party to the stipulation at issue here. 2 Local 375 withdrew its interest in the Administrative Contract Specialist title.
8 OCB2d 33 (BOC 2015) 3 Office of Operations, the Department of Investigation, the Office of Collective Bargaining, the District Attorneys’ Offices, and the Office of the Mayor. 3 3 Local 375 and the City further agreed that Local 375 would not file a petition to represent employees in levels II and III of the Managerial Pay Plan in the three titles for a period of three years.
8 OCB2d 33 (BOC 2015) 4 NOW, THEREFORE, pursuant to the powers vested in the Board of Certification by the New York City Collective Bargaining Law (New York City Administrative Code, Title 12, Chapter 3), it is hereby ORDERED that Certification No. 26-78 (as previously amended) be, and the same hereby is, further amended to add the titles Administrative Director of Laboratory (Water Quality) (Non-Managerial) (Title Code No. 1005B), Administrative Project Director (HPD) (Non-Managerial) (Title Code No. 9556A), and Administrative Project Manager (Non-Managerial) (Title Code No. 8300B), subject to existing contracts, if any. ORDERED that the positions currently held by employees listed in the attached Appendix A are designated managerial and/or confidential and, therefore, excluded from collective bargaining. Dated: November 10, 2015 New York, New York SUSAN J. PANEPENTO CHAIR CAROL A. WITTENBERG MEMBER ALAN R. VIANI MEMBER
OFFICE OF COLLECTIVE BARGAINING 100 Gold St., 4th Floor New York, N.Y. 10038 (212) 306-7160 FAX (212) 306-7167 IMPARTIAL MEMBERS CITY MEMBERS SUSAN J. PANEPENTO, CHAIR M. DAVID ZURNDORFER C AROL A. WITTENBERG PAMELA S. SILVERBLATT ALAN R. VIANI DEPUTY CHAIRS LABOR MEMBERS MONU SINGH CHARLES G. MOERDLER S TEVEN E. STAR NOTICE OF AMENDED CERTIFICATION This notice acknowledges that the Board of Certification has issued an Order Amending Certification as follows: DATE: November 10, 2015 DOCKET # : AC-1591-14 DECISION: 8 OCB2d 33 (BOC 2015) EMPLOYER: City of New York, represented by the Office of Labor Relations 40 Rector Street, 4 th Floor New York, NY 10006 AMENDMENT: Certification No. 26-78 has been amended as follows: Added: Administrative Director of Laboratory (Water Quality) (Non-Managerial) (Title Code No. 1005B) Administrative Project Director (HPD) (Non-Managerial) (Title Code No. 9556A) Administrative Project Manager (Non-Managerial) (Title Code No. 8300B) Certified/Recognized Bargaining Representative: Civil Service Technical Guild, Local 375, District Council 37, AFSCME, AFL-CIO 125 Barclay Street New York, NY 10007
O FFICE OF COLLECTIVE BARGAINING 100 Gold St., 4th Floor New York, N.Y. 10038 (212) 306-7160 FAX (212) 306-7167 IMPARTIAL MEMBERS CITY MEMBERS SUSAN J. PANEPENTO, CHAIR M. DAVID ZURNDORFER C AROL A. WITTENBERG PAMELA S. SILVERBLATT ALAN R. VIANI DEPUTY CHAIRS LABOR MEMBERS MONU SINGH CHARLES G. MOERDLER S TEVEN E. STAR NOTICE OF DESIGNATION This notice is to acknowledge that the Board of Certification has issued a Decision and Order designating positions managerial and/or confidential as follows: DATE: November 10, 2015 DOCKET # : AC-1591-14 DECISION: 8 OCB2d 33 (BOC 2015) EMPLOYER: City of New York, represented by the Office of Labor Relations 40 Rector Street, 4 th Floor New York, NY 10006 CERTIFIED/RECOGNIZED BARGAINING REPRESENTATIVE: Civil Service Technical Guild, Local 375, District Council 37, AFSCME, AFL-CIO 125 Barclay Street New York, NY 10007 DESIGNATION: The positions currently held by employees listed in attached Appendix A are designated managerial and/or confidential and, therefore, excluded from collective bargaining.
APPENDIX A TITLE NAME AGENCY DESIGNATION NAME 83008-Admin. Project Kenan Liang OOC Managerial and Manager Lvl 1 Confidential 83008-Admin. Project Maria Ibrahim DCAS Managerial and Manager Lvl 1 Confidential 83008-Admin. Project Awymarie Riollano DCAS Managerial and Manager Lvl 1 Confidential 83008-Admin. Project Shaminder Chawla DEP Managerial and Manager Lvl 1 Confidential 83008-Admin. Project Kevin Heinle DEP Managerial and Manager Lvl 1 Confidential 83008-Admin. Project Maria Petkanas DEP Managerial and Manager Lvl 1 Confidential 83008-Admin. Project James Aird DEP Managerial and Manager Lvl 1 Confidential 83008-Admin. Project James Porter DEP Managerial and Manager Lvl 1 Confidential 83008-Admin. Project William Richardson DEP Managerial and Manager Lvl 1 Confidential 83008-Admin. Project John Johnston DEP Managerial and Manager Lvl 1 Confidential 83008-Admin. Project Michael Meyer DEP Managerial and Manager Lvl 1 Confidential 83008-Admin. Project Paul Lenz DEP Managerial and Manager Lvl 1 Confidential 83008-Admin. Project Jason Friedman DEP Managerial and Manager Lvl 1 Confidential 83008-Admin. Project Gregory Hanchrow DEP Managerial and Manager Lvl 1 Confidential 83008-Admin. Project Alicia West DEP Managerial and Manager Lvl 1 Confidential 83008-Admin. Project Joseph Christo DEP Managerial and Manager Lvl 1 Confidential 83008-Admin. Project Edgar Lopez DEP Managerial and Manager Lvl 1 Confidential 83008-Admin. Project Nicolas Iarussi DEP Managerial and Manager Lvl 1 Confidential 83008-Admin. Project Bruce Ehrich DEP Managerial and Manager Lvl 1 Confidential
83008-Admin. Project Daniel Scarnecchia DEP Managerial and Manager Lvl 1 Confidential 83008-Admin. Project Peter Kontogiannis DEP Managerial and Manager Lvl 1 Confidential 83008-Admin. Project Anthony Vaccaro DEP Managerial and Manager Lvl 1 Confidential 83008-Admin. Project Lee Boyes DFTA Managerial and Manager Lvl 1 Confidential 83008-Admin. Project Mark Smith FDNY Managerial and Manager Lvl 1 Confidential 83008-Admin. Project Trushant Shah FDNY Managerial and Manager Lvl 1 Confidential 83008-Admin. Project David Mitchell FDNY Managerial and Manager Lvl 1 Confidential 83008-Admin. Project Mikhail Altshiler FDNY Managerial and Manager Lvl 1 Confidential 83008-Admin. Project Leo Subbarao FDNY Managerial and Manager Lvl 1 Confidential 83008-Admin. Project Theresa Woods FDNY Managerial and Manager Lvl 1 Confidential 83008-Admin. Project Kevin Lovejoy FDNY Managerial and Manager Lvl 1 Confidential 83008-Admin. Project Lyudmila Kulik FDNY Managerial and Manager Lvl 1 Confidential 83008-Admin. Project Fawad Rashid NYPD Managerial and Manager Lvl 1 Confidential 83008-Admin. Project Denise Lue Lueong NYPD Managerial and Manager Lvl 1 Confidential 95566-Admin. Project Brian Cheigh HPD Managerial and Director (HPD) Lvl 1 Confidential
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