DC 37, 11 OCB2d 30 (BOC 2018) (Rep) (Docket No. AC-1623-16)
Summary of Decision: The Union filed a petition seeking to add the title Administrative Fire Protection Inspector to Certification No. 4-2003, the Emergency Medical Services bargaining unit. Based on a stipulation, the Board added employees in the title currently in managerial pay plan levels I and II to the bargaining unit and designated employees in managerial pay plan levels III and above managerial and/or confidential, with the exception of four positions that are eligible for 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 March 15, 2016, 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 title Administrative Fire Protection Inspector (Title Code No. 10024) be added to Certification No. 4-2003, the Emergency Medical Services bargaining unit. The City of New York (“City”) argued that the employees were managerial and/or confidential and thus excluded from collective bargaining.
11 OCB2d 30 (BOC 2018) 2 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 title currently in managerial pay plan levels I and II are eligible for collective bargaining. 1 In addition, the parties agreed that employees in the title in managerial pay plan levels III and above are managerial and/or confidential, with the exception of four positions at the Fire Department currently held by Louis Cendagorta, Frank Lindsay, Daniel McBeth, and Ronald Riccitelli. 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. 4-2003 (as previously amended) be, and the same hereby is, further amended to add employees in the title Administrative Fire Protection Inspector (Title Code No. 10024) currently in managerial pay plan levels I and II; and it is further ORDERED that Certification No. 4-2003 (as previously amended) be, and the same hereby is, further amended to add the Administrative Fire Protection Inspector (Title Code No. 10024) positions at the Fire Department currently held by Louis Cendagorta, Frank Lindsay, Daniel McBeth, and Ronald Riccitelli; and it is further
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 30 (BOC 2018) 3 ORDERED that employees in the title Administrative Fire Protection Inspector (Title Code No. 10024) 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 Peck Sl ADDRESS ip 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-1623-16 212.306.7160 DECISION: 11 OCB2d 30 (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. 4-2003, the Social Services bargaining unit, has been amended as follows:
DEPUTY CH AI RS Monu Singh Added: Administrative Fire Protection Inspector Steven Star (Title Code No. 10024) currently in managerial pay plan levels I and II; and in the positions at the Fire Department currently held by Louis Cendagorta, Frank Lindsay, Daniel McBeth, and Ronald Riccitelli
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-1623-16 212.30 6.7160 www.ocb-nyc.org DECISION: 11 OCB2d 30 (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 DESIGNATION: The following title/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 Fire Protection Inspector M. David Zurndorfer in managerial pay plan levels III and above Pamela S. Silverblatt (Title Code No. 10024) DEPUTY CH AI RS Monu Singh Steven Star