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Who can be in a union?

Updated: Nov 26, 2019

Public Employees are provided the right to join a union by State Law and many are already union members, including staff in the offices of the Borough Presidents and Comptroller. Managerial and confidential employees (people close to management) cannot be part of a union. For the Council, we believe this means that Chiefs of Staff can be in the union, however Central Staff Division heads and some Admin titles cannot.


A managerial employee is defined as someone who makes, executes and exercises independent judgment about agency policies or personnel decisions.


A confidential employee is defined as someone who assists and acts in a confidential capacity to the management personnel who make and implement labor relations policies, or as someone who has regular access to confidential information about future bargaining strategy or changes that the employer anticipates may result from collective bargaining.


Some determination of who is in the unit is determined by negotiations between the core committee and management, once the core organizing committee has a majority of cards from divisions interested in being a part of the bargaining committee, and requests voluntary recognition from Council. Central side divisions can also make recommendations of whether or not they feel deputy directors should be in the bargaining unit.

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