DC 37, 11 OCB2d 27 (BOC 2018) (Rep) (Docket No. AC-1606-15)
Summary of Decision: The Union filed a petition to add the titles Administrative Parks and Recreation Manager and Manager of Radio Repair Operations to Certificate No. 38A-78, the Blue Collar 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 one Manager of Radio Repair Operations position, which is designated managerial. In addition, the Board designated employees in the titles in managerial pay plan levels III and above managerial 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 10, 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 the titles Administrative Parks and Recreation Manager (Title Code No. 10072) and Manager of Radio Repair Operations (Title Code No. 82987) be added to Certification No. 38A-78, the Blue Collar bargaining
11 OCB2d 27 (BOC 2018) 2 unit. The City of New York (“City”) argued that the employees were managerial and/or 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 employees in the titles currently in managerial pay plan levels I and II are eligible for collective bargaining, with the exception of the Manager of Radio Repair Operations position at the Police Department, currently held by Scott Semone, which is designated managerial. 1 Further, the Union and the City agreed that employees in managerial pay plan levels III and above are managerial. 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. 38A-78 (as previously amended) be, and the same hereby is, further amended to add employees in the titles Administrative Parks and Recreation Manager (Title Code No. 10072) and Manager of Radio Repair Operations (Title Code No. 82987) currently in managerial pay plan levels I and II, with the exception of the Manager of Radio Repair Operations position at the Police Department; and it is further ORDERED that employees in the titles Administrative Parks and Recreation Manager (Title Code No. 10072) and Manager of Radio Repair Operations (Title Code No.
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 27 (BOC 2018) 3 82987) in managerial pay plan levels III and above are designated managerial 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-1606-15 212.306.7160 DECISION: 11 OCB2d 27 (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, 5th Floor New York, NY 10007 C I T Y M E M B E R S M. David Zurndorfer Pamela S. Silverblatt AMENDMENT: Certification No. 38A-78, the Blue Collar bargaining unit, has been amended as follows:
DEPUTY CH AI RS Monu Singh Added: Administrative Parks and Recreation Manager Steven Star currently in managerial pay plan levels I and II (Title Code No. 10072)
Manager of Radio Repair Operations currently in managerial pay plan levels I and II (Title Code No. 82987)
OFFICE ADDRESS 100 Go ld Street Suite 4800 New York, N ew York 10038 NOTICE OF DESIGNATIONS 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-1606-15 212.30 6.7160 www.ocb-nyc.org DECISION: 11 OCB2d 27 (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 Parks and Recreation Manager Pamela S. Silverblatt in managerial pay plan levels III and above (Title Code No. 10072) DEPUTY CH AI RS Monu Singh Steven Star Manager of Radio Repair Operations (Title Code No. 82987)
in the position at the Police Department currently held by Scott Semone; and
in managerial pay plan levels III and above