OSA, 9 OCB2d 29 (BOC 2016) (Rep) (Docket No. AC-1613-15) Summary of Decision: OSA sought to add the titles Strategic Initiative Specialist (NC-DOT), Strategic Initiative Specialist (NC-HRA), and Strategic Initiative Specialist (NC-DEP) to Certification No. 3-88. By agreement of the parties, the Board added the titles to the unit and designated two positions confidential. (Official decision follows.) OFFICE OF COLLECTIVE BARGAINING BOARD OF CERTIFICATION In the Matter of the Certification Proceeding -between- ORGANIZATION OF STAFF ANALYSTS, Petitioner, -and- THE CITY OF NEW YORK, Respondent. ORDER AMENDING CERTIFICATION On October 20, 2015, the Organization of Staff Analysts (“OSA”) 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) (“OCB Rules”) requesting that employees in the titles Strategic Initiative Specialist (NC-DOT) (Title Code No. 50103), Strategic Initiative Specialist (NC-HRA) (Title Code No. 50938), and Strategic Initiative Specialist (NC-DEP) (Title Code No. 50940) be accreted to Certification No. 3-88, the Staff Analyst bargaining unit. 1 The City of New York (“City”) 1 OSA also sought to represent the title Strategic Initiative Specialist (NC-DOE). The Board does not have jurisdiction over employees at the New York City Department of Education (“DOE”) in the absence of the DOE electing to be covered by the statute. See NYCCBL § 12-304(c); Plumbers
9 OCB2d 29 (BOC 2016) 2 argued that the employees are managerial and/or confidential and do not share a community of interest with members of the bargaining unit. At the request of the parties, no hearings were held so that they could negotiate a settlement. On November 18, 2016, the City withdrew its objections to OSA’s representation of the titles. In addition, the City and OSA agreed to designate as confidential the position of Deputy Chief of Staff, currently held by Madeline Ehrlich, within the title Strategic Initiative Specialist (NC-DOT) and the position of Employee Assistance Specialist, currently held by Kaitlyn Maceira, within the title Strategic Initiative Specialist (NC-DEP). 2 The Board of Certification is satisfied that no evidence was presented to rebut OSA’s assertion that the titles Strategic Initiative Specialist (NC-DOT), Strategic Initiative Specialist (NC-HRA), and Strategic Initiative Specialist (NC-DEP) have a sufficient community of interest with the members of its certified bargaining unit. 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. 3-88 (as previously amended) be, and the same hereby is, further amended to add the titles Strategic Initiative Specialist (NC-DOT) (Title Code No. Local Union No. 1, 1 OCB2d 28 (BCB 2008), affd., Matter of Plumber’s Local Union No. 1 v. Gold, 2010 NY Slip Op 30293(U) (Sup. Ct. New York County Feb. 2, 2010). Accordingly, the portion of OSA’s petition seeking to represent Strategic Initiative Specialist (NC-DOE) is dismissed. 2 OSA and the City also agreed that OSA would not seek to represent employees holding these positions unless the duties and assignments substantially change such that they are no longer confidential.
9 OCB2d 29 (BOC 2016) 3 50103), Strategic Initiative Specialist (NC-HRA) (Title Code No. 50938), and Strategic Initiative Specialist (NC-DEP) (Title Code No. 50940), subject to existing contracts, if any. ORDERED that the position of Deputy Chief of Staff within the title Strategic Initiative Specialist (NC-DOT) and the position of Employee Assistance Specialist within the title Strategic Initiative Specialist (NC-DEP) are designated confidential and, therefore, excluded from collective bargaining. Dated: December 6, 2016 New York, New York SUSAN J. PANEPENTO CHAIR 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 ALAN R. VIANI PAMELA S. SILVERBLATT VACANT DEPUTY CHAIRS LABOR MEMBERS MONU SINGH CHARLES G. MOERDLER STEVEN E. STAR NOTICE OF AMENDED CERTIFICATION This notice is to acknowledge that the Board of Certification has issued an Order Amending Certification as follows: DATE: December 6, 2016 DOCKET #: AC-1613-15 DECISION: 9 OCB2d 29 (BOC 2016) EMPLOYER: City of New York, represented by the Office of Labor Relations 40 Rector Street, 4 th Floor New York, New York 10006 CERTIFIED/RECOGNIZED BARGAINING REPRESENTATIVE: Organization of Staff Analysts 220 East 23rd Street, Suite 707 New York, New York 10010 AMENDMENT: Certification No. 3-88 has been amended to add the following: Added: Strategic Initiative Specialist (NC-DOT) (Title Code No. 50103) Strategic Initiative Specialist (NC-HRA) (Title Code No. 50938) Strategic Initiative Specialist (NC-DEP) (Title Code No. 50940)
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 ALAN R. VIANI PAMELA S. SILVERBLATT VACANT DEPUTY CHAIRS LABOR MEMBERS MONU SINGH CHARLES G. MOERDLER STEVEN E. STAR NOTICE OF DESIGNATION This notice is to acknowledge that the Board of Certification has issued an Order Amending Certification designating positions confidential as follows: DATE: December 6, 2016 DOCKET #: AC-1613-15 DECISION: 9 OCB2d 29 (BOC 2016) EMPLOYER: City of New York, represented by the Office of Labor Relations 40 Rector Street, 4 th Floor New York, New York 10006 CERTIFIED/RECOGNIZED BARGAINING REPRESENTATIVE: Organization of Staff Analysts 220 East 23rd Street, Suite 707 New York, New York 10010 DESIGNATIONS: The position of Deputy Chief of Staff within the title Strategic Initiative Specialist (NC-DOT) and the position of Employee Assistance Specialist within the title Strategic Initiative Specialist (NC-DEP) are designated confidential and, therefore, excluded from collective bargaining.
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