OSA, 12 OCB2d 1 (BOC 2019) (Rep) (Docket No. AC-71-12)
Summary of Decision: The Union filed a petition to add the title Health Service Manager to Certification No. 3-88, the Staff Analyst bargaining unit. Based on a stipulation, the Board added the title Health Service Manager (Non-Managerial) to the unit and designated certain Health Service Managers managerial. (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. ____________________________________________________________
ORDER AMENDING CERTIFICATION On December 3, 2012, the Organization of Staff Analysts (“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 title Health Services Manager (Title Code No. 10069) in managerial pay plan levels I, II, and III be added to Certification No. 3-88, the Staff Analyst bargaining unit. The City of New York (“City”) argued that the employees were managerial and/or confidential and thus excluded from collective bargaining.
12 OCB2d 1 (BOC 2019) 2 Between 2013 and 2016, a hearing was conducted concerning the eligibility of Health Services Managers for collective bargaining. Prior to the conclusion of the hearing, the parties entered settlement negotiations. On December 14, 2018, the Union and the City signed a stipulation of settlement in which they agreed that, with certain exceptions, Health Services Managers currently in managerial pay plan levels I and II are eligible for collective bargaining and will be represented by the Union in a newly established title with two pay levels, Health Services Manager (Non-Managerial) (Title Code Nos. 1006C and 1006D). 1 They further agreed that Health Services Managers in managerial pay plan level II in the positions at the Department of Health and Mental Hygiene listed on Appendix A and Health Services Managers in managerial pay plan level III are managerial and, therefore, excluded from collective bargaining. 2 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. 3-88 (as previously amended) be, and the same hereby is, further amended to add the title Health Services Manager (Non-Managerial) (Title Code Nos. 1006C and 1006D); and it is further ORDERED that the employees in the title Health Services Manager (Title Code No. 10069) in managerial pay plan level II in the positions at the Department of Health and
1 The parties specified that the stipulation does not apply to employees at the following agencies: the Office of Labor Relations, the Office of Management and Budget, the Mayor’s Office of Operations, the Department of Investigation, the Office of Collective Bargaining, and the Office of the Mayor.
2 The parties agreed that certain Health Service Managers currently in managerial pay plan levels III will be moved into the non-managerial title.
12 OCB2d 1 (BOC 2019) 3 Mental Hygiene listed on Appendix A are designated managerial and excluded from collective bargaining; and it is further ORDERED that the employees in the title Health Services Manager (Title Code No. 10069) in managerial pay plan level III are designated managerial and excluded from collective bargaining. Dated: January 25, 2019 New York, New York SUSAN J. PANEPENTO
CHAIR
ALAN R. VIANI CHAIR
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: January 25, 2019 DOCKET #: AC-71-12 212.306.7160 DECISION: 12 OCB2d 1 (BOC 2019) www.ocb-nyc.org EMPLOYER: The City of New York 40 Rector Street, 4 th Floor IMPARTI AL MEMBERS New York, NY 10007 Susan J. Panepento, Chair
Alan R. Viani CERTIFIED/RECOGNIZED BARGAINING REPRESENTATIVE: L ABOR MEMBERS Charles G. Moerdler Organization of Staff Analysts Gwynne A. Wilcox 220 East 23rd Street, Suite 707 New York, NY 10010 C I T Y M E M B E R S M. David Zurndorfer Pamela S. Silverblatt AMENDMENT: Certification No. 3-88, the Staff Analyst bargaining unit, has been amended as follows:
DEPUTY CH AI RS Monu Singh Added: Health Services Manager (Non-Managerial) Steven Star (Title Code Nos. 1006C and 1006D)
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 positions managerial as 10038-9991 follows: DATE: January 25, 2019 DOCKET #: AC-71-12 212.30 6.7160 www.ocb-nyc.org DECISION: 12 OCB2d 1 (BOC 2019) EMPLOYER: The City of New York IMPARTI AL MEMBERS 40 Rector Street, 4 th Floor Susan J. Panepento, Chair New York, NY 10007 Alan R. Viani
DESIGNATIONS: The following title/positions are designated managerial and, L ABOR MEMBERS therefore, excluded from collective bargaining: Charles G. Moerdler Gwynne A. Wilcox Health Services Manager (Title Code No. 10069)
C I T Y M E M B E R S M. David Zurndorfer in managerial pay plan level II in the positions at the Pamela S. Silverblatt Department of Health and Mental Hygiene currently held by employees listed on Appendix A DEPUTY CH AI RS Monu Singh Steven Star in managerial pay plan level III
APPENDIX A LAST NAME FIRST NAME DIVISION UNIT OFFICE TITLE AGERTON TRACY FCH SH ADMINISTRATION ASSISTANT DIRECTOR OF SCHOOL HEALTH BLOOM SCOTT FCH BUREAU OF SCHOOL HEALTH DIRECTOR OF SCHOOL MENTAL HEALTH SERVICES CLAPP JENIFER PPC CHRONIC DISEASE PREVENTION DIRECTOR OF HEALTHY EATING INITIATIVES FOX RICHARD FCH SH FIELD OPERATIONS DIRECTOR FIELD OPERATIONS HEINE LISA ADM CLINICAL QUALITY MANAGEMENT EXECUTIVE DIRECTOR OFFICE OF QUALITY IMPROVEMENT MCKELVEY WENDY EHS ENVIRON. SURVEILLANCE & POLICY DIRECTOR OF ENVIRONMENTAL HEALTH SURVEILLANCE MOORE ERICKA FCH MIRH NEWBORN HOME VISITING SITE DIRECTOR PERAZZO JANINE MHY MENTAL HEALTH DIRECTOR OF TREATMENT SERVICES PINNADUWA VINDYA MHY SYSTEMS STRENGTHENING ACCESS SENIOR DIRECTOR OF POLICY AND PLANNING SEARING HANNAH FCH MATERNAL, INFANT, & REPR. HLTH DIRECTOR OF RESEARCH & EVALUATION SIMEONE RICKY EHS PEST CONTROL SERVICES DIRECTOR OF PCS TIEZZI LORRAINE FCH SH REPRODUCTIVE HEALTH HEALTH SERVICE MANAGER VOLPE JOHN MHY EXECUTIVE DEPUTY COMMISSIONER SPECIAL ADVISOR WHITTEN ALZEN FCH MATERNAL, INFANT, & REPR. HLTH PROGRAM DIRECTOR ZIMMERMAN REGINA EPI BUREAU OF EPIDEMIOLOGY SRVCS DIRECTOR, DATA GOVERNANCE AND INFORMATICS