Office of the Comptroller, ex rel. Local 1087 v. Office of Labor Relations OATH Index No. 2451/08 (Apr. 6, 2009) Comptroller’s initial determination that radio repair mechanics should be paid commensurate with wages and supplemental benefits of maintenance engineers working for ABC should be upheld. _____________________________________________________ NEW YORK CITY OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS In the Matter of COMPTROLLER, EX REL. LOCAL 1087, DISTRICT COUNCIL 37, AFSCME, AFL-CIO Petitioner -against- OFFICE OF LABOR RELATIONS Respondent _____________________________________________________ REPORT AND RECOMMENDATION FAYE LEWIS, Administrative Law Judge Petitioner, the Comptroller, brought this proceeding pursuant to section 220(8-d) of the Labor Law, for a determination of the prevailing wages and supplemental benefits to be paid to radio repair mechanics (“RRMs”) employed by the City of New York from July 1, 2002, through March 31, 2005. RRMs repair, maintain, and install electronic communications equipment and infrastructure. The proceeding was brought on the complaint of Local 1087, an affiliate of District Council 37, AFSCME, AFL-CIO (“the Union”). The Comptroller urges this tribunal to uphold its preliminary determination finding that RRMs should be paid commensurate with the wages and supplements set forth in the collective bargaining agreements of NABET-CWA Local 16 for maintenance engineers in Group 7 for the period July 1, 2002, to June 30, 2008 (“the preliminary determination”). Following a nine-day hearing, with each party producing multiple witnesses and documentary evidence, the record closed on January 13, 2009, with the submission of post-trial briefs. For the reasons stated below, I find that the Comptroller’s preliminary determination should be upheld. However, that determination was incomplete with regard to the hourly costs of certain supplemental benefits (i.e., savings and investment plan, tuition reimbursement) set
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Office of the Comptroller, ex rel. Local 1087 v. Office of Labor Relations
OATH Index No. 2451/08 (Apr. 6, 2009)
Comptroller’s initial determination that radio repair mechanics should be paid commensurate with wages and supplemental benefits of maintenance engineers working for ABC should be upheld. _____________________________________________________
NEW YORK CITY OFFICE OF
ADMINISTRATIVE TRIALS AND HEARINGS
In the Matter of COMPTROLLER, EX REL. LOCAL 1087,
DISTRICT COUNCIL 37, AFSCME, AFL-CIO Petitioner -against-
Comptroller’s Decision (Aug. 10, 1998), aff’d sub nom. Local 237 v. Comptroller of the City of
New York, 259 A.D.2d 314 (1st Dep’t 1999).
Thus, the matter proceeded to trial.
1 The preliminary determination actually found that RRMs should be paid commensurate with the rates in the NABET-CWA contracts for “broadcast engineers,” group 7. However, the contracts refer to group 7 employees as “Group 7-Radio and Television.” There is no such general category as “Group 7-Broadcast Engineers.” Listed under group 7 are a variety of titles, including, for the years 1997-2003, “maintenance engineer,” and for the years 2003-2007, “maintenance.” From the beginning of these proceedings, the Comptroller confirmed that it was focusing on the maintenance engineers title within Group 7 (Pet. Exs. 14, 15).
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The Positions of the Parties
The parties have put forth different private sector groups as similarly employed or
comparable to the RRMs.
The Comptroller contends that the maintenance engineers who work for ABC television
network are comparable to the RRMs, and make up 30 percent or more of the private sector
collectively bargained workers in the same trade or locality. Accordingly, the Comptroller
asserts that the RRMs should be paid wages and supplemental benefits commensurate with those
set forth in the NABET-CWA collective bargaining agreements for Group 7 maintenance
engineers from 2002 through 2008.
The Union agrees with the Comptroller regarding the maintenance engineers.
OLR asserts that the maintenance engineers are not comparable. Thus, regardless of how
many maintenance engineers are employed by ABC, OLR contends that their rate of wages and
supplemental benefits cannot be considered prevailing. OLR instead contends that the non-
unionized employees of Motorola and five of their subcontractors (Electronic Service Solutions
(“ESS”), LRS Communications, All-Tech Electronics, Metrocom Incorporated, and Pragmatech
Sound) are the most appropriate match for the RRMs. Because these employees are non-
unionized, OLR asserts that the Comptroller should determine their average rate of wages and
supplemental benefits and set that as the prevailing rate.
A discussion of the jobs of the RRMs and the various private sector groups follows.
The radio repair mechanics
There are approximately 120 RRMs employed by New York City. Of these,
approximately 75 are employed by the Police Department (Tr. 573) and approximately 25 work
for the Fire Department (Tr. 166, 353). Between 12 and 14 RRMs are employed by the
Department of Education (Tr. 222, 443). Additionally, a smaller number of RRMs work for
four other agencies: three for the Department of Correction, three for the Department of
Transportation, one for the Department of Sanitation, and five for the Health and Hospitals
Corporation (Tr. 410, 420, 451, 474).
There is a single job specification for the title of radio repair mechanic. It provides the
following:
General Statement of Duties and Responsibilities
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Under supervision, installs, repairs, aligns or tunes the following: radio, radar, microwave, multiplex, television and electronic apparatus and appurtenances of the City’s communication systems; land, mobile and marine radio receivers and transmitters, including UHF and VHF equipment; radio power systems; radio antenna systems; miniature radio receivers and transmitters; audio amplifiers and public address systems; television cameras, receivers and antennas; radar systems; electronic test equipment; multiplex equipment; magnetic tape recorders and various other electronic devices; performs related work.
As examples of “typical tasks,” the job specification lists:
Locates and isolates defects in electronic equipment. Repairs or replaces defective parts. Adjusts, aligns or tunes electronic equipment, installs electronic units and associated electrical elements, including the mounting of radios in automobiles. Keeps records and makes reports.
(Pet. Ex. 8). Qualification requirements for the job include five years of full-time experience as
a radio repair mechanic or “electronic technician repairing electronic equipment,” or three years
of such experience plus training in an approved trade or vocational high school. Employees are
also required to have a valid New York State driver’s license. Additionally, “for appointment to
certain positions,” a Federal Communications Commission (FCC) General Radiotelephone
Operator’s License, with a radar endorsement, is required (Pet. Ex. 8). The notice of
examination of the position tracks the language of the job specification (Pet. Ex. 7).
Questionnaires filled out by various RRMs indicated that they performed most of the tasks listed
on the job specification (Pet. Ex. 9). Thus, as Wasyl Kinach, the Director of Classifications for
the Bureau of Labor Law in the Comptroller’s Office, who directed the investigation to find a
private sector match for the RRMs, testified, “[t]he radio repair mechanics title is . . . a little bit
misleading, because they do a lot more than just repair radios” (Tr. 35).
Although the evidence demonstrated that the vast majority of RRMs install, maintain, and
repair electronic communications equipment, and make repairs to the component or board level,
their tasks varied somewhat across agencies. The work of the RRMs assigned to the Police
Department was particularly varied and complex, according to Sergeant Robert Massucci, the
supervisor of the electronics section, and Michael Montone, an RRM assigned to the Police
Department. Most of these RRMs are assigned to the central repair shop in Queens, although
many are frequently dispatched to the field. Their work includes the following: They maintain,
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install, and repair mobile laptops and mobile radios in departmental vehicles, including vans and
field command posts. They also repair and reprogram the portable radios and make minor
repairs on chargers. Repairs are made both on site and at workbenches in the repair shop. The
RRMs maintain “a radio system,” consisting of approximately 320 receiver sites, 168 transmitter
sites, and 34 data transmitter sites (Tr. 243, 576). They do on-site repairs, upgrading, and testing
as needed at remote locations, including antennas, transmitters, receivers, and wiring. They also
install the radio consolettes at precincts citywide. They install cameras at approximately 120 to
125 facilities, including about 75 precincts, for a closed circuit television feed. Their work on
the closed circuit television systems includes setting up monitors as needed and making repairs
on cameras, digital video recorders, video tape players, video cassette recorders, and various
types of audio and paging equipment. The recording equipment is in the process of being
switched to digital, so there is more and more computer-based work involved. The RRMs also
maintain the cameras in the security unit at Police Headquarters, and the related equipment,
including video digital switching and multiplexing equipment and video servers. They install
and maintain alarm systems and public address systems within precincts, and maintain and repair
microwave and satellite communications equipment. They work on radar and radio equipment
for the marine and aviation units.
Additionally, these RRMs install equipment in special vehicles, including 12 to 15 field
command posts (mobile offices with laptops, cell phones, and mobile radios), as well as a special
confidential vehicle and an emergency portable command center. The field command posts are
equipped with satellite dishes for Direct TV. The field command posts can also downlink video
images transmitted by the Police Department’s aviation unit, which has a helicopter with a
camera mounted underneath. The emergency portable command center was developed about
two years ago, and while it has never been used in a real emergency, it is used frequently in
drills. It is equipped with a great deal of communications equipment and has antennas for
satellite on the roof. Further, the Police Department RRMs work with vendors, including
Motorola, to make sure that installations are done correctly, and are involved in research and
development. Among the tools used by the RRMs, usually in bench work to test and repair
equipment, are oscilloscopes, power supplies, soldering irons, computers, voltage meters,
amperage meters, frequency counters, and hand tools (Tr. 239-66, 278-81, 321, 573-98; Pet. Exs.
11f-m).
Supervisor Mascusi testified that the RRMs he supervises, although grouped in particular
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sections and thus more familiar with some tasks than others, would be able to perform any of the
duties required in another section, although “it might take them a little time . . . to get used to
doing it” (Tr. 598).
The Fire Department’s RRMs perform duties which also vary in scope and complexity.
Their duties were established by the credible testimony of Christopher Ambrose, director of
radio repair operations at the Woodside radio shop, and Manuel Roman, president of Local 1087
and an RRM working out of the MetroTech command center, which is the dispatch
communications center for ambulances. These RRMs repair, program, tune, and align mobile
and portable radios, and install mobile radio equipment and telemetric communications
equipment into ambulances (telemetric communications equipment sends data such as a patient’s
heart rate over the air to the dispatch center). They also install, maintain, and repair about forty
base stations, which transmit voice and data signals to all the field units. This infrastructure
work includes hooking up cable, mounting antennas, repairing antennas and transmitters, testing
equipment with a service monitor and various types of meters, and installing, maintaining, and
repairing consoles, comparator systems, transmitters, multiplexers, receivers, and repeaters.
They also work on routers, microphones, and satellite and microwave communications
equipment, and maintain all the two-way radio equipment installed in the mobile command
centers for dispatching in the event of a major incident. At the Woodside central radio shop, the
work includes component level bench repairs to various pieces of electrical equipment, tuning,
testing, and programming of equipment, and vehicle installations and repairs (Tr. 179-86, 193-
97, 210-14, 352-54; Resp. Ex. H). The tools used for bench-level repairs are the same as those
used by the Police Department RRMs. Work at MetroTech, where Mr. Roman is assigned,
includes maintenance of the data systems for the computer-aided dispatch and the voice quality
systems for the dispatchers (Tr. 168). Additionally, the RRMs work on development projects
(for example, fine-tuning the software for the mobile data terminals in the fire trucks and
terminals) and make field site visits with vendors such as Verizon or Motorola (Tr. 357-58;
Resp. Ex. H). Mr. Ambrose described the Fire Department’s communications system as
“extremely large” and “unique to the general industry” because of its size and its various
locations (Tr. 357). As was the case in the Police Department, the Fire Department RRMs are
“dynamically regroupable,” meaning they can work on “all different aspects” of the equipment,
regardless of the type of equipment (Tr. 210).
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The approximately 12 to 14 RRMs assigned to the Department of Education do not work
on radios. According to Volkert Braren, a senior manager in the Division of School Facilities,
they instead install, repair and maintain public address systems and their components, including
speakers, amplifiers, and audio mixers, and clock or bell timer systems. The public address
systems operate on wireless frequencies but receive radio frequencies through an antenna (Tr.
440). RRMs do not work on digital video surveillance systems, other than sometimes securing
hard drives on digital video recorders (Tr. 432-39, 444). They perform component level repairs,
using hand tools such as screwdrivers and pliers, and test items such as oscilloscopes and voltage
testers (Tr. 441). Some public address repair and maintenance is done by an outside contractor,
namely Pragmatech.
According to Officer Yablonsky, who oversees the radio and communications unit within
the Department of Correction, the three RRMs assigned to the unit install base radios, usually in
the control room of the correctional facilities, and also install mobile radios in vehicles. The
Department has as many as 500 vehicles, including buses, vans, and sedans. The RRMs repair
and maintain the security cameras and related closed circuit television equipment within the
correctional institutions. Further, they maintain stand-alone repeaters, in conjunction with ESS,
their outside contractor (Tr. 419-31, 500). The RRMs make “minor repairs” to two-way radios,
using “regular mechanic” tools on workbenches. However, they do not perform repairs to the
component level, because they have only “minimum staff.” ESS makes the more major repairs
(Tr. 422, 424). The RRMs similarly make minor repairs to various pieces of recording
equipment, as well as the personal body alarm systems used in the institutions (Tr. 423).
The three RRMs assigned to the Department of Transportation maintain and repair the
radio system for the Department, including the mobile units, portable radios, and transmitters,
according to Nelson Castillo, an assistant commissioner who oversees the radio repair and
maintenance division. The network has about 500 mobile and 600 portable radios, mostly
Motorola, two transmitters, and about 18 to 20 satellite receivers. The RRMs install the mobile
radios in Departmental vehicles, maintain the infrastructure equipment, such as the transmitters,
and also maintain the central electronics board located at the Department’s communications
center. If a radio needs repair, the RRMs will try to make the repair themselves; if they cannot,
they will call the vendor, Motorola (Tr. 484). While the Department maintains a mobile
command center with a camera, the RRMs do not work on the camera, nor the satellite receiving
system and antenna installed on the mobile command center. The computer system, satellite
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system, and camera system are outsourced to contractors, which do not include Motorola (Tr.
473-86).
As noted above, there is only one RRM employed by the Department of Sanitation. As
testified to by Charles Herbst, Assistant Chief of Operations and Snow, this individual keeps
track of all the equipment, including about 1500 Motorola portable radios and 1200 mobile units
installed in vehicles. The mechanic will fix a handheld device if he can; otherwise, “more often
than not,” the radio will be sent to LRS, the outside contractor, for repair (Tr. 411). Mobile
radios are sent directly to LRS (Tr. 413). The mechanic does not have a bench, but instead a
desk with small hand tools (Tr. 414). The Department has repeaters and transmitters at several
sites around the city; the RRM checks via computer to make sure that the repeater sites are
operational; if they are not, he will contact LRS for repair (Tr. 417).
Finally, the five RRMs employed by the Health and Hospitals Corporation are all
assigned to Lincoln Hospital. According to Arnold Pack, the Senior Director of Operations for
the Corporation, the RRMs work on installing the public address systems within the hospitals,
including the nurse and physician paging systems. They repair antennas and check the
functioning of hospital police radios, closed circuit television cameras, digital video recorders,
and HHC repeaters. They also set up cell phone systems within the hospital, programming the
phones with computers and networking equipment. However, they do not repair the cell phones.
The RRMs do a lot of computer work and also some setup of closed circuit television systems
(Tr. 454, 457). Most of their work is at Lincoln, although they sometimes visit other facilities to
repair or inspect a public address system. Their actual repair work seems limited. They may do
minor work on the closed circuit television systems, such as fixing a cable, but could also call in
an outside contractor for something more difficult. Similarly, they might fix a wire or cable on a
digital video recorder, but they do not make component level repairs on the equipment. That
work will usually be done by an outside contractor. They will fix handheld radios if the required
repairs are minor (such as an off/on switch, battery change, or antenna); otherwise they send out
the radios to an outside vendor, usually ESS, for repairs (Tr. 450-67).
In sum, of the approximately 125 RRMs employed by the city, all but the ten assigned to
the Department of Education work in some fashion on portable and mobile radios. The vast
majority of RRMs perform component-level repairs. The agencies in which the RRMs repair
work is more limited include the Department of Correction, which employs only three RRMs,
the Department of Sanitation, which employs only one RRM, and the Health and Hospitals
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Corporation, which employs five RRMs. The RRMs employed by the Fire Department and the
Police Department, who together comprise approximately 80 percent of the RRMs employed by
the City, perform a diverse array of different work on electronics communications equipment.
This is not limited to radio repair and installation, but involves equipment such as antennas,
transmitters, receivers, routers, microphones, satellite and microwave communications
equipment, telemetric communications equipment, and computer networking equipment. The
work of Police Department RRMs, additionally, includes work on closed circuit television
systems, involving cameras, digital video recorders, and video tape players and recorders. The
communications networks of the Police and Fire Departments are particularly complex. Indeed,
Keith Brooks, the owner of All Tech, one of the outside companies advanced by OLR as
comparable, described the Police Department’s communications system as “very elaborate” and
“very sophisticated” (Tr. 723). Indeed, in commenting upon a photograph of “some type of
receivers” in a Police Department facility, Mr. Brooks indicated, “Nobody in the commercial
world would have something like this, it’s very sophisticated” (Tr. 723). Sergeant Masucci,
similarly, characterized the Police Department’s communications system as “a very good
infrastructure” (Tr. 586). Mr. Ambrose testified that because of the complexity and size of the
Fire Department’s communication system, sometimes “unique” development work is required
(Tr. 357).
While the Department of Education RRMs do not work on radios, they, like the
mechanics assigned to the Health and Hospitals Corporation, work on public address systems
and their components, including speakers, amplifiers, and audio mixers. The five RRMs
employed by the Health and Hospitals Corporation, like the Police and Fire Department RRMs,
do a substantial amount of computer-related work as well as work with closed circuit television
cameras and digital video recorders.
I now turn to a discussion of the work of the groups put forward as comparable by the
parties.
The ABC mechanical engineers
The Comptroller selected ABC as the comparable private sector group after making a
field visit to an ABC television facility. Mr. Kinach testified that he was given a tour of the
ABC facility by one of the maintenance engineers, talked with him about what his duties were,
and distributed questionnaires that were completed by three maintenance engineers. The
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questionnaires listed “typical tasks, duties, and responsibilities” that Mr. Kinach testified
reflected the tasks listed in the job specification for RRMs (Tr. 51, 133-36; Pet. Exs. 10, 12).
The ABC engineers who completed the questionnaires indicated that they installed, repaired,
aligned, and tuned radios, microwave, multiplex, television, “electronic apparatus in
communication systems,” radar systems, land and mobile radio receivers and transmitters, UHF
and VHF equipment, radio power or antenna systems, public address systems, television
cameras, receivers and antennas, and miniature radio receivers and transmitters. Two of the
engineers also indicated that they worked on radar systems, while the third indicated that he did
not. One engineer indicated that he worked on program timers and clock subsystems while two
indicated that they did not (Pet. Ex. 10).
According to the Comptroller’s report of their visit to ABC studios:
Engineers at this facility repair and maintain hand held radios and other electronic Communication equipment including video camera, video tape machines, satellite, microwave, etc. The site is also used to install audio and video equipment into vans and trucks. Equipment stored and maintained at this site is shipped worldwide on a moments notice in order to provide logistical electronic support for major events and news. We observed that the electronic equipment and tools worked on at this site was the same as equipment and tools utilized by RRMs.
(Pet. Ex. 13, at 6). The Comptroller made many of the same observations with regard to
engineers at NBC Studios, but concluded that ABC was the best match because they employed
more engineers than NBC and the work involved less travel (Pet. Ex. 13, at 7).
Two job postings for maintenance engineers at ABC were placed into evidence, one for
the period 2006 through the present and a prior posting, in use from 1997 until 2006. These
postings were characterized in a letter by Kenneth McGuire, the manager of administration for
broadcast operations and engineering for the ABC television network, as the “job specification”
for the Group 7 NABET-represented technical maintenance and maintenance engineer positions
(Resp. Ex. E). The most current posting states the following, under “job responsibilities”:
The ideal applicant must have a strong technical background in HD and SD digital video and audio, with a minimum of 5 years technical maintenance experience within a television or cable facility. Applicant must be skilled in the maintenance of a wide variety of digital and analog broadcast equipment including on-air Nexio and Grass Valley video servers, HD switchers (including Snell and the Sony 8000), SD switchers, cameras (both HD and SD), digital routing switchers, graphic systems, and analog and digital tape formats. The candidate should have experience in the maintenance of a satellite uplink and downlink facility and should be familiar with the maintenance of high power
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microwave transmitters, antenna systems, and combiners. Candidate must be a self starter. He or she must also exhibit an ability to work with engineering, entertainment and news personnel in a demanding environment. Applicant must be comfortable working in an IT intensive environment. Strong PC and networking skills are a plus. The position will require shift work. Job hours may involve days, nights, weekends or holidays and overtime. We are seeking qualified individuals who are energetic, willing to work in a team environment.
Under “required qualifications,” the posting listed the following: “minimum 5 years experience
in the broadcast field,” “excellent troubleshooting skills,” “experience with digital audio and
video standards and equipment,” “familiarity with computer and networking technologies and
how they interface in the broadcast environment.” Required “non-technical skills” included
“strong verbal and communication skills,” as well as the “ability to be part of [a] team
environment.” Under “desired qualifications,” the following were listed: a technical school or
associate’s degree in electronics technology, or a bachelors of science in engineering or
electronics technology, as well as an SBE (Society of Broadcast Engineers) certification.” The
older job listing simply said, under “posting,” “two to five years electronic and mechanical
construction and maintenance experience on all types of studio equipment including cameras,
monitors, and test equipment. Prefer knowledge of digital electronics” (Resp. Ex. E).
Richard Gelber, a technical director at ABC, the secretary/treasurer of Local 16, NABET,
and formerly an ABC maintenance engineer, testified that ABC employs approximately 101
maintenance engineers represented by NABET (Tr. 603).2 He described the duties of
maintenance engineers in this fashion: “they remove and install electronic equipment of all kinds
used in television broadcast, and diagnose and repair problems with such equipment” (Tr. 604).
The equipment includes cameras, audio consoles, routing switchers, audio and video amplifiers,
television cameras, frame synchronizers, distribution amplifiers, satellite uplink and downlink
transmitters, and radios. Repairs are made to the component level as necessary, which could
involve re-wiring or soldering, or removing and replacing components on a circuit board.
Equipment used by maintenance engineers in their work includes hand tools such as wire
clippers, strippers, and crimpers, screwdrivers, wrenches, pliers, and soldering equipment, as
well as various meters and oscilloscopes used for testing and diagnosis, and spectrum analyzers
used for radio frequency equipment (Tr. 605-16; Pet. Ex. 11a).
2 OLR suggested on cross-examination that there were only 51 maintenance engineers, but did not introduce any testimony to that effect (Tr. 646).
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According to Mr. Gelber, maintenance engineers work on radio frequency equipment
including wireless microphones with internal radio receivers which transmit to the on-air talent.
He described this as “a two-way radio used on one-way mode” (Tr. 607). Maintenance
engineers also are responsible for maintenance of all technical equipment used in “electronic
news gathering” vehicles, such as microwave transmission equipment and microwave antennas
(Tr. 606). Mr. Gelber testified that maintenance engineers perform all the work listed on the
RRM job specification, and are qualified to do so, with the exception of radar systems and work
on mobile data terminals, such as those installed in Fire Department ambulances (Tr. 618-19).
Mr. Gelber described the ABC job posting (Resp. Ex. E) as being “accurate,” but opined
that he doubted that ABC would be able to find someone familiar with all the equipment listed
on it. He also said that anyone hired by ABC would also be expected to work “on all matter of
equipment” not specifically listed in the posting – such as audio and video signal or power
amplifiers, or other types of high definition switchers, frame synchronizers, video editing
equipment, or audio and video cable repair (Tr. 626-27). ABC maintains approximately 200 to
300 different types of equipment (Tr. 642).
Motorola
Motorola is a major supplier of portable and mobile radios and related equipment for
New York City. According to Robby Dale Phillips, Motorola Assistant Manager for New York
City since 2005, Motorola maintains radio equipment for DOITT, and also has maintenance
contracts with a number of New York City agencies, including the Fire and Police Departments,
and the New York City Transit Authority. Motorola has five technicians assigned to New York
City. However, these technicians do not generally repair portable hand-held units, mobile units,
or infrastructure such as antenna and network power systems. Their usual procedure is to replace
defective equipment with functional equipment and send the defective equipment to a Motorola
depot to be repaired. The depots are located in Illinois, Florida, and Mexico. Motorola closed
all of its service shops some years back (Tr. 371, 500, 505, 511, 660-61). Motorola employees
are required to be certified by the Electronics Technicians Association (“ETA”), which is a
certification primarily focused on radio. Mr. Phillips characterized it as taking the place of “the
old FCC license” (Tr. 513).
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Motorola also has sales agents, or Motorola representatives (“MRs”), which sell and
maintain Motorola systems. The work of these agents, which OLR asserts is comparable to that
of the RRMs, is discussed below.
Electronic Service Solutions (“ESS”)
ESS is a Motorola MR which sells, installs, programs, maintains, and repairs radio
equipment for various New York City agencies, according to its President, William Clark. The
equipment includes mobile and portable radios, and related infrastructure equipment, including
repeaters, base stations, comparators, transmitters, and receivers: “the things that make up two-
way radio systems” (Tr. 534). ESS has worked with the Department of Correction, the New
York City Housing Authority, and the Health and Hospitals Corporation. From 2002 to 2006 or
2007, ESS installed radio equipment in new ambulances for the Fire Department (Tr. 530, 541;
Pet. Exs. 11n, 11o). ESS has also installed antennas and routers in Police Department vehicles
(as part of a contract with Hewlett-Packard), and in 2002 installed mobile data terminals in
voluntary ambulances (Tr. 366, 552). ESS has four locations, only one of which is in New York
City. Of its approximately 60 employees, “probably . . . around” four are full-time technicians
working in New York City (Tr. 545). The technicians assigned to New York City projects are
experienced, and are required to read schematics and make component level repairs. Currently,
two of the four technicians assigned to New York City are bench technicians, meaning they
report daily to the Queens facility (Tr. 534, 545, 546; Resp. Ex. K). The two remaining
technicians are field technicians, who are dispatched to various locations from their vehicles.
Typically, a field technician “swaps” components or boards to get a base station operational and
returns the malfunctioning equipment to the service center to repair if possible (Tr. 534). In
addition to these technicians, ESS employs 18 to 20 installers who install equipment in city
vehicles (Tr. 555).
In New York City, ESS also works on radio equipment for Consolidated Edison, the
Drug Enforcement Agency, the Internal Revenue Service, the United States Postal Service, and
the United States Marshall’s Office (Tr. 535, 539). The bench technicians spend 30 to 40
percent of their time working on portable radios for New York City agencies, as opposed to work
for Con Edison or other customers (Tr. 547). However, if there is Motorola equipment in need
of costly repair, ESS would probably send the equipment to the Motorola depot because that is
cheaper (Tr. 547). ESS has worked on security cameras for private customers in New York City
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(for example, Columbia University and Presbyterian Hospital). ESS has also worked on
intercom systems for hospitals within New York City (Tr. 555).
Photographs of ESS’s Queens facility show benches with equipment such as solder
stations, frequency counters, service monitors, and power supplies, radios awaiting repair,
transmitters to be installed, and ambulances awaiting equipment installation (Tr. 536-38; Resp.
Exs. L1-L12). Mr. Clark confirmed that ESS does not work on uplinks or downlinks from
satellites, nor perform high-frequency microwave work. ESS does, however, work on lower-
frequency microwave equipment for clients including New York Presbyterian Hospital (Tr. 539,
549). Historically, ESS has wanted its technicians to hold an FCC license. However, ESS is
currently encouraging its workers to obtain a CET certification (Certified Electronics
Technician), which is granted by the ETA (Tr. 550-51). Their workers are not required to have
an SBE broadcast certification (Tr. 541).
LRS Communications
LRS Communications sells, services and installs two-way radios, according to its Vice
President of Technologies, Jose Burgos. Virtually all of its radios are made by Motorola. LRS
will either repair a radio itself or send it to the Motorola depot for repairs, and it installs radios
into vehicles. LRS is a Motorola manufacturer’s representative, but its participation in the MR
program does not involve any type of repair or installation work, purely sales (Tr. 681).
However, from about October 2005 to 2007, LRS had a contract directly with the Department of
Sanitation to service and install all of their radios. During this period, LRS had about eight
service employees. Of these, about three to five worked on installation, while the others were
shop and field technicians. LRS picked up an average of 12 portable radios once a week from
the Sanitation Department. At the beginning of its contract, LRS used to repair most of these
radios itself, but by 2007, it was sending about 50 percent of the radios to the out-of-state
Motorola depot. When LRS did make these repairs, it would repair to the component level if
necessary. If there was a problem with a mobile radio, LRS would “swap out” the radio with a
replacement radio that it would reprogram to conform to the vehicle’s identification. The broken
mobile radio would either be brought to the bench for repair, or sent to the Motorola depot. As
the contract progressed, LRS fixed fewer of the mobile radios itself. LRS once worked on a base
station for the Department of Sanitation. Mr. Burgos could not recall, if prior to 2005, LRS
performed any other work for the City of New York (Tr. 674, 680-88).
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When shown the RRM job specification, Mr. Burgos testified that his employees
performed many of the same duties as the RRMs – including installing equipment, repairing “a
line,” tuning a radio, working on land mobile radio receivers and transmitters, including UHF
equipment, radio power systems, radio antenna systems, miniature radio receivers and
transmitters, electronic test equipment, multiplex equipment, and sometimes troubleshooting
telephone lines (Tr. 675). LRS employees do not work on radar or microwave systems, marine
radio receivers and transmitters, television cameras, magnetic tape recorders, or satellite uplinks
and downlinks. They do not repair electronic test equipment. They do not install multiplex
devices, but they do troubleshoot multiplex devices involving T1 circuits (Tr. 685-88). Mr.
Burgos testified that he is ETA certified and also has an FCC “general license,” which used to be
known as a first-class radio/telephone FCC license (Tr. 676).
All-Tech Electronics
All-Tech Electronics is a Brooklyn-based company which services and repairs two-way
radios and is a manufacturer’s representative for Motorola and a full line Motorola dealer.
According to its owner, Keith Brooks, All-Tech became an MR in 2005. Over the years, Brooks
has employed approximately 10 to 13 installers and mechanics, split almost evenly between the
two types of workers. The installers were able to do some but not all of the required technical
work. All-Tech has also done some work directly for the City. This has included installing radio
equipment at City Hall and installing mobile radios, lighting and audio equipment in vehicles for
the Office of Emergency Management. Additionally, between 2004 and 2005 to the present, All-
Tech has installed radio communications equipment in at least 200 or 300 voluntary ambulances
(Tr. 718). All-Tech installed this equipment according to Fire Department specifications, and
delivered the ambulances to the Fire Department’s radio technicians, to be programmed to
operate on their system. All Tech also serviced this equipment, although on a daily basis it
dispatched two or three vehicles to the Fire Department to check for software or firmware
problems, which the Fire Department would fix (Tr. 713-18, 727, 729).
Additionally, after 9-11, when a captain in the Fire Department developed a prototype
command radio for use in high rise buildings, All-Tech built the device, donated approximately
15 radios to the Fire Department, and sold approximately 70 more devices to the Department (Tr.
717).
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Most recently, over the last two years, All-Tech has installed radio communications
equipment in the Mayor’s hybrid vehicles, including lights, sirens, and mobile radios (Tr. 714,
728). All-Tech is currently installing radio equipment and computer equipment for the automatic
vehicle dispatch and computer aided dispatch systems (Tr. 715-16). Also, starting about a year
ago, All-Tech began installing communications equipment in trucks being built by commercial
manufacturers for the Fire Department. However, once the trucks are delivered to the Fire
Department, the Fire Department makes any repairs that are needed (Tr. 729, 734).
Mr. Brooks confirmed that his employees performed some but not all of the tasks listed
on the RRM job specification. More specifically, they install, repair, align, and tune radios, and
work on land mobile marine radio receivers and transmitters, including UHF and VHF, radio
power systems, radio antenna systems, miniature radio receivers and transmitters, audio
amplifiers, and public address systems. They also repair radios in voluntary ambulances and
other vehicles, pursuant to private contracts. They do “some” but “not a lot of” work involving
microwave multiplex. They do “very little” work on television cameras, because repair work on
cameras is not cost-effective. They also do “very little” work on radar systems. They have
“very little,” if any, magnetic tape recorders, and “very little” multiplex equipment (Tr. 719).
All-Tech does not require its employees to be FCC licensed, although some of its
employees are FCC licensed, which indicates that they have radar experience (Tr. 719-20).
Metrocom Incorporated
Robert Colten, the operations manager for Metrocom, Inc., testified that the company is
involved in the sale, repair, and installation of two-way radios. Metrocom sells radios for
Motorola, and handles sales and services for Kenwood Communications, another manufacturer.
The company also repairs portable and mobile radios. Metrocom has 11 employees working out
of its New York City office, five of whom are technical employees. Of these five, two employees
are full-time bench technicians, who make repairs on radios to the component level and also do
some desktop repeater work. Three employees are field technicians, whose jobs include making
installations at base stations, including antenna work, and working on mobile radios (Tr. 690-91,
697).
As a Motorola MR, Metrocom installed three or four control stations and two consolettes
for the Department of Transportation in April 2007. Metrocom does not repair any of this
equipment (Tr. 690-91, 695-97).
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When shown the RRM job specification, Mr. Colten testified that his technicians repair
land mobile equipment, including UHF and VHF equipment, install and maintain radio antenna
systems, use electronic test equipment, repair radio and desktop repeaters, adjust, align, and tune
electronic equipment, and install electronic equipment, including radios, into vehicles (Tr. 692-
93, 697).
In its work with the Department of Transportation, Metrocom employees do not work on
vehicle installations, radio equipment, microwave equipment, multiplex equipment, television
equipment, audio amplifiers, or public address systems. However, Metrocom installs mobile
radios for Con Edison (Tr. 692).
Pragmatech Sound
As described by its President and owner, James Salta, Pragmatech Sound is a Bronx-
based company in the business of “audio contracting” (Tr. 699). Between 2002 and 2008,
Pragmatech had three to five employees. Mr. Salta described himself as a “hands-on” supervisor
(Tr. 699). Starting in about 2002, continuing to the present, Pragmatech has had a contract with
the Department of Education to install public address systems, replace system clocks, and work
on system clocks and timers. Mr. Salta custom designs each system. Pragmatech can also repair
public address systems, although generally does not because the old systems are “junk” (Tr.
703). Pragmatech employees do not perform any of the other tasks listed on the job specification
for radio repair mechanics. For example, they do not work on radar and microwave systems,
multiplex systems, or satellite uplinks (Tr. 699-703, 704). All of Mr. Salta’s employees have
gone to high school, and some have gone to audio school to learn “basic sound” (Tr. 704).
Comparability
Of the various private sector groups put forth by the parties as comparable, only one --
the ABC maintenance engineers -- is unionized. The Union asserts that if the maintenance
engineers are comparable to the radio repair mechanics, then, as a matter of law, their wages and
supplemental benefits must be found prevailing, regardless of the comparability of any of the
non-unionized groups advanced by OLR.
As a matter of law, the Union is correct. As set forth above, the statute establishes the
collectively bargained private sector rate as the prevailing rate of wages and supplements for the
particular “trade or occupation,” so long as the collective bargaining agreements cover thirty
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percent or more of the workers in that trade or occupation. Thus, if there is a private sector
employee group which is unionized and which covers at least thirty percent of the comparable
workers, their wages and supplemental benefits must prevail. The inquiry ends there. It matters
not if there is another comparable non-unionized group, no matter how comparable, or how
large.
Here, the evidence established that ABC employs approximately 101 maintenance
engineers. The Comptroller’s conclusion that these 101 maintenance engineers comprise 30
percent or more of workers in the “same trade or occupation” was unrebutted. OLR failed to
advance any other collectively bargained group as comparable. Even assuming, arguendo, that
the non-unionized employee groups (Motorola and its subcontractors) which OLR advanced
were comparable, the ABC maintenance engineers would by far meet the thirty percent
threshold. Thus, as a matter of law, if the ABC maintenance engineers are comparable, they
must be the prevailing group for purposes of wage-setting. See Joint Industry Board v. Schaffer,
205 A.D.2d 310 (1st Dep’t 1994) (burden of proof is on employer who challenges a prevailing
wage rate to establish that it does not represent wages paid to thirty percent of comparable
workers in the locality); Liquid Asphalt Distributors Ass’n v. Roberts, 116 A.D.2d 295 (3d Dep’t
1986) (same). Were it otherwise, the remedial purpose of the statute would be frustrated. See
Austin v. City of New York, 258 N.Y. 113, 117 (1932); Bucci v. Village of Port Chester, 22
N.Y.2d 195, 201 (1968); Kelly v. Beame, 15 N.Y.2d 103, 110 (1969) (noting the statute's "basic
underlying policy" that "persons employed on public works should receive the prevailing rate of
wage that those doing the same work on nonpublic works receive").
The question then is, are the maintenance engineers comparable to the RRMs? OLR
contends that they are not, because maintenance engineers, unlike RRMs, work in the broadcast
field or industry. In support, OLR points to occupational groupings made by the Bureau of
Labor Statistics, United States Department of Labor, for purposes of its “occupational
employment and wage statistics.” The Bureau established separate occupational groupings for
audio and video equipment technicians, broadcast technicians, telecommunications equipment
installers, and repairers (except line installers), and radio mechanics (Resp. Exs. C1, C2, C3,
D2). OLR also highlighted a 1978 Comptroller’s decision that found that RRMs were not
comparable with employees of various radio stations and television networks, but instead
comparable with telephone company employees (Resp. Ex. A).
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As a factual matter, there is some support for OLR’s assertion that maintenance engineers
work in a different occupational field. Mr. Gelber testified that the maintenance engineers
install, repair, and maintain electronic equipment used in the television broadcast industry. He
defined the “broadcast industry” as “concerned with transmission of radio and television
programs over the public airways to the public” (Tr. 631). The work of RRMs does not involve
transmitting television or radio programs over the air to the public. Additionally, the job listing
for maintenance engineers states that the “ideal candidate” will have five years experience
“within a television or cable facility,” as well as experience with specialized video equipment
(Resp. Ex. E). Plainly, the RRMs do not work on equipment that transmits radio and television
programs over the public airways to the public, nor do they work within a television or cable
facility.
As a legal matter, however, the controlling issue is the “actual work” performed by the
two groups of workers being compared. See Flannery, 300 N.Y. at 152, 154 (the “critical”
factor, in determining whether private employees are in the same trade or occupation as publicly
employed workers, is whether “their work differs substantially”); Kelly, 15 N.Y.2d at 110
(prevailing wages must be fixed “based on the work actually performed”). Thus, workers who
are in two distinct fields but who perform “similar” work may still be in the same “trade or
occupation” for purposes of the prevailing wage law. Watson v. McGoldrick, 286 N.Y. 47, 53
(1941) (persons engaged in different “fields” but performing “similar” work could still be in the
“same trade or occupation”; differences in the nature of their activities could differentiate the
“trade” in which the employees worked, but only if the differentiation is “based upon a
substantial ground”). See also Comptroller’s Office, ex. rel. Local 621 v. Office of Labor
Relations, OATH Index No. 1398/97 at 19 (Nov. 5, 1997), adopted in full, Comptroller’s Order
and Determination (Apr. 1, 1998), Commissioner’s Supplemental Order and Determination (Apr.
There were some differences between the work of RRMs and maintenance engineers,
going to the range of equipment worked on by the maintenance engineers. The ABC
maintenance engineers work on a much wider range of equipment than the RRMs, much of it
video equipment that is used only in the television context, such as large audio mixers, frame
synchronizers, large video and audio routing switchers, certain types of oscilloscopes, high-
definition switchers, and the particular video servers listed in the ABC job specification (Tr. 305,
315, 321, 635, 643, 650). ABC has dozens of frame synchronizers, if not hundreds, and they are
used daily (Tr. 634). ABC also has several very large video and audio routing switchers that
Mr. Gelber did not see in the photographs of the RRMs’ worksites (Tr. 650). Moreover, Mr.
Gelber testified that only a small number of his engineers repair portable or mobile radios used in 3 Additionally, the Comptroller’s 1978 decision was premised in part on a lack of evidence about the work performed by employees of radio networks (See Resp. Ex. A, at 4). By contrast, here the parties presented abundant evidence about the work performed by employees of the various private sector groups advanced by the parties.
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traditional functions; more repairs are done when the radios are used in non-traditional functions,
such as in certain transmitters or receivers. Similarly, only a small number of maintenance
engineers install mobile radios in vehicles (Tr. 644, 645, 653).
However, there was credible evidence that there were similarities between the video and
audio equipment at the component level, and therefore similarities in the skill sets needed to
maintain and repair the equipment. Mr. Montone was asked to describe the similarities or
differences between the component level work to be done on a radio, a biometric system, and a
video system. He answered that he had experience in all three types of equipment and all three
required “electronic expertise” in how to read a “schematic diagram of a certain electronic
apparatus . . . Then you can repair, or replace the defective item” (Tr. 283). When asked what
differences there are, he testified, “Electronics is electronics . . . It doesn’t matter if it’s a high
definition television signal, or a radio signal, or a facsimile, it’s still a transmission and
reception” (Tr. 284).
Mr. Gelber, similarly, testified, “Electronic equipment is electronic equipment . . . I mean
everything uses resistors, capacitors, transistors, conductors, integrated circuits. The types are
different. The purposes are different, but you know the basic skill set of electronic circuit theory
is pretty much the same” (Tr. 609). Asked to compare television transmitters and receivers with
radio transmitters and receivers, he testified the television equipment is physically larger and
contains higher-powered circuitry, but that “some of the techniques and construction are the
same,” and that on the component level, “they’re not significantly different” (Tr. 616-17). Mr.
Gelber testified that there are some maintenance engineers at ABC who do component level
repair on radios who “may or may not be qualified,” depending on their background, to make
component level repairs on television cameras. However, “if they aren’t, they either figure it
out from general knowledge, or they receive specific training [from the manufacturer] on a type
of camera” (Tr. 610).
Similarly, Mr. Kinach, of the Comptroller’s Office, testified that he thought the
maintenance engineers were comparable because “a lot of this equipment is the same. The work
is the same . . . The equipment, it might be used for different purposes, but a lot of the equipment
is the same underneath” (Tr. 93-94).
OLR sought to differentiate the maintenance engineer job from the RRM job by focusing
upon the 2006 job posting for a maintenance engineer. This posting includes within “desired
qualifications” a SBE (Society of Broadcast Engineers) certification, and within the
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qualifications for an “ideal candidate,” five years experience “within a television or cable
facility,” and experience with specialized video equipment (Resp. Ex. E). Most RRMs would
not meet these qualifications.
OLR did not establish, however, that a RRM would not be hired as a maintenance
engineer. The SBE license is a desired, but not required, qualification for the job. Cf. BA-CEE
Division of Local Union No. 3, IBEW, AFL-CIO, Comptroller’s Order and Determination at 1-2
(reversing a finding that watch engineers employed at a housing facility were comparable to
stationary engineers electric employed by the City because the private sector watch engineers
were required as a condition of employment to have a particular license not required of the City
employees). The “required qualifications” in the 2006 job posting are more ambiguous. These
qualifications, for example, include a minimum of five years experience in the “broadcast field.”
There was testimony at trial that the work of the RRMs fell within the broadcast “field,” if not
the broadcast industry, because RRMs work on equipment that broadcasts -- i.e., that transmits
electronic signals, audio, video, digital, and/or telemetric, wirelessly or through wired equipment
(Tr. 217, 283, 297). Mr. Gelber, indeed, defined a television broadcast as “a type of radio
transmission,” with the addition of video, although with different frequencies and bandwidth (Tr.
635). The 2002 maintenance engineer posting, moreover, was not nearly as detailed as the 2006
posting with regard to what was required or desired, although it did specify that experience with
cameras, monitors, and test equipment was sought, and knowledge of digital electronics was
preferred (Resp. Ex. E).
Fundamentally, the similarities in the type of work performed by the maintenance
engineers and the RRMs, and the skill sets needed to repair, maintain, and install the various
electronics communications equipment are sufficient to support a finding that the two jobs are
comparable. This case is akin to Comptroller’s Office, ex. rel. Local 621, OATH 1398/97. In
that matter, Judge Christen found privately employed master mechanics comparable to city-
employed supervisors of mechanics, mechanical engineers (“SMMEs”), where both sets of
workers supervised the repair and maintenance of heavy, complex mechanical equipment -- even
though the mechanical equipment that was repaired and maintained by the two groups were “not
in all cases identical.” Id. at 19. Here, much of the equipment upon which the RRMs and the
maintenance engineers work is the same, or similar. The skill sets needed to repair the
equipment at the component level are comparable. The communications networks of the Police
and Fire Department, which together employ 80 percent of the RRMs, are particularly
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sophisticated and require expertise. Thus, just as the differences in the type of equipment in the
Local 621 case were not “so substantial as to render the SMMEs in a different trade or
occupation from the Master Mechanics,” OATH 1398/97 at 20, any differences in the type of
equipment maintained and repaired by the RRMs and the maintenance engineers are “not so
substantial as to render” them into different trades or occupations.
My finding that the two jobs are comparable extends to all the RRMs employed by New
York City, even though there are some differences between the complexity and scope of the
work across agencies. The fact remains that all the RRMs work to some degree on the
maintenance of electronic communications equipment. This includes the Department of
Education, where the assigned RRMs, like most other city-employed mechanics, make
component-level repairs on electrical sound equipment, in particular speakers, amplifiers, and
audio mixers. See Comptroller’s Office, ex. rel. Local 621, OATH 1398/97 at 9 (“The testimony
and exhibits make clear that SMMEs, whatever their particular assignment, work in agencies
where they are responsible for the maintenance and repair of large and complex machinery,
whether motorized vehicles or stationary equipment”.); cf. Elevator Mechanics, OATH 616/98
(recommending two different rates within one title, where the evidence established that there
were essentially two types of elevator mechanics, maintenance and repair, which reflected the
two different titles set forth in the comparable private sector collective bargaining agreement);
see generally Kelly, 15 N.Y.2d 103 (upholding a Comptroller’s determination fixing five
different rates of prevailing wages within the same job classification, based upon differences in
the work performed within the title).
As stated above, based upon my finding that the maintenance engineers are comparable,
the wages and supplemental benefits set forth in the applicable NABET-CWA contract for
maintenance engineers are prevailing.
However, in the interest of a complete record, I make the following factual findings with
regard to the various private sector groups.
The Motorola employees are not comparable to the RRMs, because, unlike the bulk of
the RRMs, they do not do component level repair, but instead replace defective parts and send
them out of state to be repaired.
The Metrocom employees are not comparable to the RRMs, because the scope of their
work is much narrower than that which the RRMs might be called upon to do. For example,
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while they install mobile radios and base stations, and install and maintain radio antenna
systems, their repair work is limited to repairs on radios and desktop repeaters.
The Pragmatech employees do work that is quite similar to that of the RRMs working
with the Department of Education. However, they do not do any of the other tasks performed by
RRMs in other agencies. Thus, they are not a comparable group.
With regard to ESS, LRS Communications, and All-Tech Electronics, while the scope of
the work required of their technicians is not as broad as that required of the RRMs, it is still
extensive. ESS mechanics, for example, have repaired and maintained mobile and portable
radios, and related infrastructure equipment for various New York City agencies, installed radio
equipment, antenna and routers in city vehicles, and worked on security cameras and intercom
systems, including lower-frequency microwave equipment, for private customers. They
encourage their technicians to have either a FCC license or a certified electronics technician
license. LRS Communications sells, services, installs, and repairs mobile and portable radios,
and their employees have worked on land mobile radio receivers and transmitters, including
UHF, radio antenna systems, miniature radio receivers and transmitters, and multiplex
equipment. All-Tech Electronics installed radio communications equipment in at least 200
voluntary ambulances and has also installed radio and computer equipment in other city vehicles
and at City Hall. All-Tech employees have also worked on land, mobile, and marine radio
receivers and transmitters.
Thus, considering the range of their work and their skill level, the employees of ESS,
LRS, and All-Tech are comparable to city-employed RRMs. However, because the maintenance
engineers comprise thirty percent or more of comparable workers in the locality, the wages and
supplemental benefits set forth in the NABET-CWA contracts are prevailing. As there is a
collectively bargained group that covers thirty percent of the comparable workers, the wages and
supplements paid to the employees of ESS, LRS, and All-Tech cannot, as a matter of law,
constitute the prevailing rate.
Additional arguments of OLR
The additional arguments made by OLR in its post-trial briefs are that the Comptroller
was biased in its investigation toward the Union and that it did not fulfill its statutory duty to
undertake a complete survey. OLR contends that the Comptroller only obtained completed job
questionnaires from ten RRMs, and visited the worksites of only three agencies, Police, Fire, and
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Education. OLR also alleges that the Comptroller only obtained three surveys from ABC
employees and that it ignored the private sector radio repair industry (OLR’s brief, at 13-18).
The Comptroller’s investigation could have been more thorough. It could, for example,
have obtained more than three surveys from ABC maintenance engineers, it could have visited
additional agency worksites, and it could have interviewed management representatives as well
as union representatives. However, it is uncontested that the Comptroller visited and inspected
the ABC worksite. OLR contends that the Comptroller focused 80 percent of their site visits on
the Fire and Police Departments. It would not be irrational to do so, because these two agencies
employ 80 percent of the RRMs in question. While the Comptroller could have interviewed
management representatives at the city agencies, it is not clear that this would have altered its
fact-finding, because the management employees who testified at trial (for example, Sergeant
Massucci and Mr. Ambrose) essentially corroborated the RRMs who testified (Mr. Montone and
Mr. Roman).
More fundamentally, the parties presented an impressive amount of evidence at trial
concerning the job duties and responsibilities of the RRMs and of the various private sector
employees put forth as prevailing, all of which was considered herein.
Conclusion
For the reasons stated herein, the preliminary determination of the Comptroller that city-
employed radio repair mechanics should be paid commensurate with the wages and supplements
set forth in the collective bargaining agreements of NABET-CWA Local 16 for maintenance
engineers in Group 7 for the period July 1, 2002 to June 20, 2008, should be upheld.
Faye Lewis
Administrative Law Judge
April 6, 2009
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SUBMITTED TO: WILLIAM C. THOMPSON, JR. Comptroller APPEARANCES: ROBERT PALMER, ESQ. OFFICE OF THE COMPTROLLER Attorney for Petitioner MARY J. O’CONNELL, ESQ. STEVEN E. SYKES, ESQ. Attorneys for Complainant, District Council 37 SCHWARTZ, LICHTEN & BRIGHT, P.C. Attorneys for Complainant, Local 1087 By: DANIEL R. BRIGHT, ESQ. MAYRA E. BELL, ESQ. ELIZABETH N. CROWE, ESQ. OFFICE OF LABOR RELATIONS Attorneys for Respondent