OSA, 11 OCB2d 29 (BOC 2018) (Rep) (Docket No. AC-1621-16)
Summary of Decision: OSA filed a petition seeking to add the title Administrative Director of Resident Child Care to Certification No. 3-88, the Staff Analyst bargaining unit. DC 37 intervened, seeking to add the title to Certificate No. 37-78, the Social Services bargaining unit. OSA subsequently withdrew interest in the title. Based on a stipulation by DC 37 and the City, the Board added employees in the title currently in managerial pay plan levels I and II to the Social Services bargaining unit and designated employees in managerial pay plan levels III and above managerial and/or confidential, with the exception of one position currently that is eligible for collective bargaining. (Official decision follows.) ____________________________________________________________
OFFICE OF COLLECTIVE BARGAINING BOARD OF CERTIFICATION
In the Matter of the Certification Proceeding -between- THE ORGANIZATION OF STAFF ANALYSTS, Petitioner, -and- THE CITY OF NEW YORK, Respondent, -and- DISTRICT COUNCIL 37, AFSCME, AFL-CIO, Intervenor. ____________________________________________________________
ORDER AMENDING CERTIFICATION On February 5, 2016, 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) requesting that the title Administrative Director of
11 OCB2d 29 (BOC 2018) 2 Resident Child Care (Title Code No. 10016) be added to Certification No. 3-88, the Staff Analyst bargaining unit. The City of New York (“City”) argued that the employees were managerial/confidential and thus excluded from collective bargaining. On December 28, 2016, District Council 37, AFSCME, AFL-CIO (“DC 37”) filed a motion to intervene seeking to add the title to Certificate 37-78, the Social Services bargaining unit. OSA subsequently withdrew interest in representing the title. The parties requested that no hearing be held so that they could negotiate a settlement. On July 24, 2018, DC 37 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. 1 Further, DC 37 and the City agreed that employees in managerial pay plan levels III and above are managerial and/or confidential, with the exception of the Executive Director of CAM (Court Services, Admissions and MCCU) position at the Administration for Children’s Services, currently held by Susan Campos, which is eligible for collective bargaining. 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. 37-78 (as previously amended) be, and the same hereby is, further amended to add employees in the title Administrative Director of
1 In addition, the stipulation specified that it does not apply to present and future employees in the title 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 29 (BOC 2018) 3 Resident Child Care (Title Code No. 10016) currently in managerial pay plan levels I and II; and it is further ORDERED that Certification No. 37-78 (as previously amended) be, and the same hereby is, further amended to add the Administrative Director of Resident Child Care (Title Code No. 10016) in the position of Executive Director of CAM (Court Services, Admissions and MCCU), and it is further ORDERED that employees in the title Administrative Director of Resident Child Care (Title Code No. 10016) in managerial pay plan levels III and above 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-1621-16 212.306.7160 DECISION: 11 OCB2d 29 (BOC 2018) www.ocb-nyc.org EMPLOYERS: 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. 37-78, the Social Services bargaining unit, has been amended as follows:
DEPUTY CH AI RS Monu Singh Added: Administrative Director of Resident Child Care Steven Star (Title Code No. 10016) currently in managerial pay plan levels I and II; and in the position of Executive Director of CAM (Court Services, Admissions and MCCU)
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 a title/positions 10038-9991 managerial and/or confidential as follows: DATE: August 22, 2018 DOCKET #: AC-1621-16 212.30 6.7160 www.ocb-nyc.org DECISION: 11 OCB2d 29 (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 DESIGNATION: The following title/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 Director of Resident Child Care Pamela S. Silverblatt in managerial pay plan levels III and above (Title Code No. 10016) DEPUTY CH AI RS Monu Singh Steven Star