DC 37, 11 OCB2d 24 (BOC 2018) (Rep) (Docket No. AC-1603-15)
Summary of Decision: The Union filed a petition to add the titles Administrative Assessor and Administrative Real Property Manager to Certification No. 46K-75, the Real Estate bargaining unit. Based on a stipulation, the Board added Administrative Real Property Managers currently in managerial pay plan levels I and II to the bargaining unit, with the exception of certain positions designated managerial and/or confidential. In addition, the Board designated Administrative Real Property Managers in managerial pay plan levels III and above, and all employees in the title Administrative Assessor, managerial and/or confidential and, therefore, excluded from collective bargaining. (Official decision follows.) ____________________________________________________________
OFFICE OF COLLECTIVE BARGAINING BOARD OF CERTIFICATION
In the Matter of the Certification Proceeding -between- DISTRICT COUNCIL 37, AFSCME, AFL-CIO, Petitioner, -and- THE CITY OF NEW YORK, Respondent. ____________________________________________________________
ORDER AMENDING CERTIFICATION On April 9, 2015, District Council 37, AFSCME, AFL-CIO (“Union”) 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 the titles Administrative Assessor (Title Code No. 10005) and Administrative Real Property Manager (Title Code No. 10047), be added to Certification No. 46K-75, the Real Estate
11 OCB2d 24 (BOC 2018) 2 bargaining unit. The City of New York (“City”) argued that the employees were managerial/confidential and thus excluded from collective bargaining. The parties requested that no hearings be held so that they could negotiate a settlement. On July 24, 2018, the Union and the City signed a stipulation of settlement in which they agreed that Administrative Real Property Managers currently in managerial pay plan levels I and II are eligible for collective bargaining, with the exception of the Director, Marketing and Affordable Oversight position at the Department of Housing Preservation and Development, currently held by Victor Hernandez. 1 In addition, the parties agreed that Administrative Real Property Managers in managerial pay plan levels III and above and all Administrative Assessors are managerial and/or confidential. 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. 46K-75 (as previously amended) be, and the same hereby is, further amended to add employees in the title Administrative Real Property Manager (Title Code No. 10047) currently in managerial pay plan levels I and II, with the exception of the Director, Marketing and Affordable Oversight position, which is designated managerial; and it is further
1 In addition, the stipulation specified that it does not apply to present and future employees in these titles at the following agencies: the Office of Labor Relations, the Office of Management and Budget, the Office of Operations, the Department of Investigation, the Office of Collective Bargaining, and the Office of the Mayor.
11 OCB2d 24 (BOC 2018) 3 ORDERED that employees in the title Administrative Real Property Manager (Title Code No. 10047) in managerial pay plan levels III and above are designated managerial and/or confidential and, therefore, excluded from collective bargaining; and it is further ORDERED that employees in the title Administrative Assessor (Title Code No. 10005) are designated managerial and/or confidential and, therefore, excluded from collective bargaining. Dated: August 22, 2018 New York, New York SUSAN J. PANEPENTO
CHAIR
ALAN R. VIANI MEMBER
OFFICE ADDRESS 100 Go ld Street Suite 4800 New York, New York 10038
NOTICE OF AMENDED CERTIFICATION M AILI NG ADDRESS Peck Slip Station PO Box 1018 This notice acknowledges that the Board of Certification has issued New York, New York 10038-9991 an Order Amending Certification as follows: DATE: August 22, 2018 DOCKET #: AC-1603-15 212.306.7160 DECISION: 11 OCB2d 24 (BOC 2018) www.ocb-nyc.org EMPLOYER: City of New York 40 Rector Street, 4th Floor
IMPARTI AL MEMBERS New York, NY 10006 Susan J. Panepento, Chair
Alan R. Viani CERTIFIED/RECOGNIZED BARGAINING REPRESENTATIVE: L ABOR MEMBERS Charles G. Moerdler District Council 37, AFSCME, AFL-CIO Gwynne A. Wilcox 125 Barclay Street New York, NY 10007 C I T Y M E M B E R S M. David Zurndorfer Pamela S. Silverblatt AMENDMENT: Certification No. 46K-75, the Real Estate bargaining unit, has been amended as follows:
DEPUTY CH AI RS Monu Singh Added: Administrative Real Property Manager Steven Star currently in managerial pay plan levels I and II (Title Code No. 10047)
OFFICE ADDRESS 100 Go ld Street Suite 4800 New York, N ew York 10038 NOTICE OF DESIGNATION M AILI NG ADDRESS Peck Slip Station PO Box 1018 This notice is to acknowledge that the Board of Certification has New York, New York issued an Order Amending Certification designating titles/positions 10038-9991 managerial and/or confidential as follows: DATE: August 22, 2018 DOCKET #: AC-1603-15 212.30 6.7160 www.ocb-nyc.org DECISION: 11 OCB2d 24 (BOC 2018) EMPLOYER: City of New York IMPARTI AL MEMBERS 40 Rector Street, 4th Floor Susan J. Panepento, Chair New York, NY 10006 Alan R . Viani L ABOR MEMBERS DESIGNATIONS: The following titles/positions are designated managerial Charles G. Moerdler Gwynne A. Wilcox and/or confidential and, therefore, excluded from collective bargaining:
C I T Y M E M B E R S M. David Zurndorfer Administrative Assessor Pamela S. Silverblatt (Title Code No. 10005) DEPUTY CH AI RS Monu Singh Administrative Real Property Manager Steven Star (Title Code No. 10047) in managerial pay plan levels I or II in the position of Director, Marketing and Affordable Oversight; and
in managerial pay plan levels III and above