DC 37, 11 OCB2d 26 (BOC 2018) (Rep) (Docket No. AC-1605-15)
Summary of Decision: The Union filed a petition to add the titles Administrative Public Health Nurse and Administrative Public Health Sanitarian to Certificate No. 28-78, the Health Services bargaining unit. Based on a stipulation, the Board added employees in the titles 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 employees in managerial pay plan levels III and above 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 Public Health Nurse (Title Code 10032) and Administrative Public Health Sanitarian (Title Code No. 82989) be added to Certification No. 28-78, the Health Services
11 OCB2d 26 (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, with the exception of the 16 positions listed on Appendix A, employees in the titles currently in managerial pay plan levels I and II are eligible for collective bargaining and that employees in the titles in managerial pay plan levels III and above are managerial. 1 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. 28-78 (as previously amended) be, and the same hereby is, further amended to add employees in the titles Administrative Public Health Nurse (Title Code No. 10032) and Administrative Public Health Sanitarian (Title Code No. 82989) 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 Public Health Nurse (Title Code No. 10032) and Administrative Public Health Sanitarian (Title Code No. 82989) in managerial pay plan levels III and above are designated managerial and/or confidential and, therefore, excluded from collective bargaining.
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 26 (BOC 2018) Dated: August 22, 2018 New York, New York
CHAIR
ALAN R. VIANI MEMBER
3 SUSAN J. PANEPENTO
OFFICE ADDRESS 100 Go ld Street Suite 4800 New York, N ew 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 an Order Amending Certification as follows: 1003 8-9991 DATE: August 22, 2018 DOCKET #: AC-1605-15 212.306.7160 DECISION: 11 OCB2d 26 (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 District Council 37, AFSCME, AFL-CIO Charles G. Moerdler Gwynne A. Wilcox 125 Barclay Street, 5th Floor New York, NY 10007
C I T Y M E M B E R S M. David Zurndorfer AMENDMENT: Certification No. 28-78, the Health Services bargaining unit, Pamela S. Silverblatt has been amended as follows: DEPUTY CH AI RS Monu Singh Added: Administrative Public Health Nurse Steven Star currently in managerial pay plan levels I and II (Title Code No. 10032)
Administrative Public Health Sanitarian currently in managerial pay plan levels I and II (Title Code No. 82989)
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-1605-15 212.30 6.7160 www.ocb-nyc.org DECISION: 11 OCB2d 26 (BOC 2018) EMPLOYERS: City of New York IMPARTI AL MEMBERS 40 Rector Street, 4th Floor Susan J. Panepento, Chair New York, NY 10006 Alan R . Viani DESIGNATION: The following titles/positions are designated managerial L ABOR MEMBERS and/or confidential and, therefore, excluded from collective Charles G. Moerdler Gwynne A. Wilcox bargaining: C I T Y M E M B E R S Administrative Public Health Nurse M. David Zurndorfer (Title Code No. 10032) Pamela S. Silverblatt in managerial pay plan levels I and II in the positions DEPUTY CH AI RS Monu Singh currently held by the employees in Appendix A; and Steven Star
in managerial pay plan levels III and above
Administrative Public Health Sanitarian (Title Code No. 82989)
in managerial pay plan levels I and II in the positions currently held by the employees in Appendix A; and
in managerial pay plan levels III and above
APPENDIX A Agency Name Title Office Title Designation DEPARTMENT OF ASHMEADE, ADMINISTRATIVE Borough Nursing MANAGERIAL HEALTH/MENTAL ANN MARIE PUBLIC HEALTH Director/Deputy Director HYGIENE NURSE of Nursing DEPARTMENT OF BRENNAN, ADMINISTRATIVE Administrative Public MANAGERIAL HEALTH/MENTAL ANNE PUBLIC HEALTH Health Nurse HYGIENE NURSE DEPARTMENT OF DUNN, ELISA ADMINISTRATIVE NFP Deputy Director MANAGERIAL HEALTH/MENTAL PUBLIC HEALTH HYGIENE NURSE DEPARTMENT OF HOLDER- ADMINISTRATIVE Director, Family & Child MANAGERIAL HEALTH/MENTAL MOSLEY, PUBLIC HEALTH Health HYGIENE ROBERTA NURSE DEPARTMENT OF ADOMAKO- ADMINISTRATIVE Section Chief, EHS MANAGERIAL ENVIRONMENTAL BONSU, PUBLIC HEALTH Collections PROTECTION AKOSUA SANITARIAN DEPARTMENT OF BAJWA, ADMINISTRATIVE Executive Director MANAGERIAL HEALTH/MENTAL WAHEED PUBLIC HEALTH HYGIENE SANITARIAN DEPARTMENT OF GLOVER-COX ADMINISTRATIVE Borough Manager MANAGERIAL HEALTH/MENTAL BARBARA PUBLIC HEALTH HYGIENE SANITARIAN DEPARTMENT OF MCATAMNEY, ADMINISTRATIVE Manager, Environmental MANAGERIAL ENVIRONMENTAL SHAY PUBLIC HEALTH Compliance PROTECTION SANITARIAN DEPARTMENT OF MIDDLETON, ADMINISTRATIVE Executive Director, MANAGERIAL HEALTH/MENTAL JAMES PUBLIC HEALTH Community Sanitation HYGIENE SANITARIAN DEPARTMENT OF MORRISS, ADMINISTRATIVE Director Field MANAGERIAL HEALTH/MENTAL JAMES PUBLIC HEALTH Operations/Regulatory HYGIENE SANITARIAN Enforcement
Agency Name Title Office Title Designation DEPARTMENT OF NOEL, RENEE ADMINISTRATIVE Administrative Public MANAGERIAL HEALTH/MENTAL PUBLIC HEALTH Health Sanitarian HYGIENE SANITARIAN DEPARTMENT OF NYARKO, ADMINISTRATIVE Director of EHS MANAGERIAL ENVIRONMENTAL VICTOR PUBLIC HEALTH Compliance Systems PROTECTION SANITARIAN POLICE RASHEED, ADMINISTRATIVE Director, Occupational MANAGERIAL DEPARTMENT AMIR PUBLIC HEALTH H&S SANITARIAN
DEPARTMENT OF TORIN, BETH ADMINISTRATIVE Executive Director, MANAGERIAL HEALTH/MENTAL PUBLIC HEALTH Environmental Health HYGIENE SANITARIAN DEPARTMENT OF TORRES, ADMINISTRATIVE Director, Veterinary Public MANAGERIAL HEALTH/MENTAL NORMA PUBLIC HEALTH Health Services HYGIENE SANITARIAN DEPARTMENT OF WIN, LARRON ADMINISTRATIVE Manager, H&S MANAGERIAL ENVIRONMENTAL PUBLIC HEALTH PROTECTION SANITARIAN