CSTG, Local 375, 11 OCB2d 25 (BOC 2018) (Rep) (Docket Nos. AC-1604-15, AC-1622-16, and AC-1644-17)
Summary of Decision: The Union filed petitions to add the titles Administrative Graphic Artist, Administrative Space Analyst, Emergency Preparedness Manager, Emergency Preparedness Specialist, and Administrative Horticulturalist to Certification No. 26-78, the Engineering and Scientific bargaining unit. Based on a stipulation, the Board added Administrative Graphic Artists, Administrative Space Analysts, and Administrative Horticulturalists 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 Graphic Artists, Administrative Space Analysts, and Administrative Horticulturalists in managerial pay plan levels III and above, and all employees in the titles Emergency Preparedness Manager and Emergency Preparedness Specialist, 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- CIVIL SERVICE TECHNICAL GUILD, LOCAL 375, DISTRICT COUNCIL 37, AFSCME, AFL-CIO,
Petitioner, -and- THE CITY OF NEW YORK, Respondent. ____________________________________________________________
ORDER AMENDING CERTIFICATION On April 9, 2015, Civil Service Technical Guild, Local 375, District Council 37, AFSCME, AFL-CIO (“Union”) filed a petition, docketed as AC-1604-15, requesting that employees in the titles Administrative Graphic Artist (Title Code No. 10003) and
11 OCB2d 25 (BOC 2018) 2 Administrative Space Analyst (Title Code No. 10037) be added to Certification No. 26-78, Engineering and Scientific bargaining unit. On February 12, 2016, it filed a petition, docketed as AC-1622-16, to add the titles Emergency Preparedness Manager (Title Code No. 06765) and Emergency Preparedness Specialist (Title Code No. 06766) to the same bargaining unit. On June 9, 2017, it filed a petition, docketed as AC-1644-17, to add the title Administrative Horticulturalist (Title Code No. 10071) to the unit. In all three cases, the City of New York (“City”) argued that the employees were managerial and/or confidential and thus excluded from collective bargaining. 1 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, with the exception of five positions listed on Appendix A, Administrative Graphic Artists, Administrative Space Analysts, and Administrative Horticulturalists currently in managerial pay plan levels I and II are eligible for collective bargaining. 2 In addition, the parties agreed that Administrative Graphic Artists, Administrative Space Analysts, and Administrative Horticulturalists in managerial pay plan levels III and above and all Emergency Preparedness Managers and Emergency Preparedness Specialists are managerial and/or confidential.
1 The cases were later consolidated pursuant to § 1-12(m) of the Rules of the Office of Collective Bargaining (Rules of the City of New York, Title 61, Chapter 1).
2 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 25 (BOC 2018) 3 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 employees in the titles Administrative Graphic Artist (Title Code No. 10003), Administrative Space Analyst (Title Code No. 10037), and Administrative Horticulturalist (Title Code No. 10071) currently in managerial pay plan levels I and II, with the exception of the positions in Appendix A, which are designated managerial and/or confidential; and it is further ORDERED that employees in the titles Administrative Graphic Artist (Title Code No. 10003), Administrative Space Analyst (Title Code No. 10037), and Administrative Horticulturalist (Title Code No. 10071) in managerial pay plan levels III and above are designated managerial and, therefore, excluded from collective bargaining; and it is further ORDERED that employees in the title Emergency Preparedness Manager (Title Code No. 06765) and Emergency Preparedness Specialist (Title Code No. 06766) 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 Gold Street Suite 4800 New York, New York 10038 NOTICE OF AMENDED CERTIFICATION M AILI NG ADDRESS This notice acknowledges that the Board of Certification has issued Peck Slip Station PO Box 1018 an Order Amending Certification as follows: New York , New York 10038-9991 DATE: August 22, 2018 DOCKET #: AC-1604-15 AC-1622-16 AC-1644-17
212.306.7160 www.ocb-nyc.org DECISION: 11 OCB2d 25 (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
CERTIFIED/RECOGNIZED BARGAINING REPRESENTATIVE: L ABOR MEMBERS Charles G. Moerdler Gwynne A. Wilcox Civil Service Technical Guild, Local 375, District Council 37, AFSCME, AFL-CIO
C I T Y M E M B E R S 125 Barclay Street M. David Zurndorfer New York, NY 10007 Pamela S . Silverblatt AMENDMENT: Certification No. 26-78, the Engineering and Scientific DEPUTY CH AI RS Monu Singh bargaining unit, has been amended as follows: Steven Star
Added: Administrative Graphic Artist currently in managerial pay plan levels I and II (Title Code No. 10003)
Administrative Space Analyst currently in managerial pay plan levels I and II (Title Code No. 10037)
Administrative Horticulturalist currently in managerial pay plan levels I and II (Title Code No. 10071)
OFFICE ADDRESS NOTICE OF DESIGNATIONS 100 Go ld Street Suite 4800 New York, New York 10038 This notice is to acknowledge that the Board of Certification has issued an Order Amending Certification designating title/positions
M AILI NG ADDRESS managerial and/or confidential as follows: Peck Sl PO Bo ip Station x 1018 New York, New York DATE: August 22, 2018 DOCKET #: AC-1604-15 10038-9991 AC-1622-15 AC-1644-17
212.306.7160 DECISION: 11 OCB2d 25 (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. Pan epento, Chair Alan R. Viani DESIGNATIONS: The following titles/positions are designated managerial and/or confidential and, therefore, excluded from collective L ABOR MEMBERS bargaining: Charles G. Moerdler Gwynne A. Wilcox Administrative Graphic Artist
C I T Y M E M B E R S (Title Code No. 10003) M. David Zurndorfer Pamela S. Silverblatt in managerial pay plan levels I and II in the positions listed in Appendix A; and DEPUTY CH AI RS Monu Singh Steve n Star in managerial pay plan levels III and above Administrative Space Analyst (Title Code No. 10037)
in managerial pay plan levels I and II in the positions listed in Appendix A; and
in managerial pay plan levels III and above Administrative Horticulturalist in managerial pay plan levels III and above (Title Code No. 10071)
Emergency Preparedness Manager
(Title Code No. 06765) Emergency Preparedness Specialist (Title Code No. 06766)
APPENDIX A Agency Name Title DEPARTMENT OF CITYWIDE GIBSON, LAURA ADMINISTRATIVE ADMINISTRATIVE SERVICES GRAPHIC ARTIST DEPARTMENT OF MOIDEL, DAVID ADMINISTRATIVE TRANSPORTATION GRAPHIC ARTIST DEPARTMENT OF CITYWIDE ORTIZ, EDWIN ADMINISTRATIVE ADMINISTRATIVE SERVICES GRAPHIC ARTIST
HUMAN RESOURCES CORREIA, ADMINISTRATIVE ADMINISTRATION/DEPART TAMARA SPACE ANALYST MENT OF SOCIAL SERVICES DEPARTMENT OF CITYWIDE MACEDO, LISA ADMINISTRATIVE ADMINISTRATIVE SERVICES SPACE ANALYST HUMAN RESOURCES MASSEY, ADMINISTRATIVE ADMINISTRATION/DEPART EVERIDITH SPACE ANALYST MENT OF SOCIAL SERVICES
DEPARTMENT OF BUSINESS MILLER, ALFRED ADMINISTRATIVE SERVICES SPACE ANALYST
OFFICE OF ADMINISTRATIVE RAGOLIA, ADMINISTRATIVE TRIALS AND HEARINGS MICHAEL SPACE ANALYST DEPARTMENT OF YAP, SALLY ADMINISTRATIVE HEALTH/MENTAL HYGIENE SPACE ANALYST
Office Title Designation Director of eLearning MANAGERIAL Development Director of Creative MANAGERIAL Services Print Shop Supervisor- MANAGERIAL detailed to Mayor's Office
Director, Div. of Lease MANAGERIAL Management & Production Control Director of Portfolio MANAGERIAL Management Director, Division of MANAGERIAL Building Management
Executive Director MANAGERIAL Facilities and Agency Operations
Administrative Space MANAGERIAL Analyst Executive Director, MANAGERIAL Office of Facilities Planning and Space Management