OSA, 8 OCB2d 19 (BOC 2015)

OSA petitioned to add the title Senior Consultant,
Management Information Services to its bargaining unit. DC 37 intervened and sought to add the
title to its bargaining unit. HHC argued that SC/MISs are excluded from collective bargaining
because they are managerial and/or confidential under Taylor Law § 201.7(a) and in the alternative,
HHC Act § 7385(11). The Board held that the HHC Act and the NYCCBL are consistent in mandating the
application of Taylor Law § 201.7(a) to HHC employees to determine their eligibility for collective
bargaining. The Board found that the SC/MIS title was eligible for collective bargaining and that
either bargaining unit is appropriate. The Board directed an election to ascertain the wishes of
the employees as to their union representation.