Public Case No. R 1978-004
(Cross Reference M 1993-026)Amalgamated Transit Union v.
Bi-State Development Agency, St. Louis, Missouri
The union filed a petition for a unit composed of the employment classifications of Station Dispatcher, Yard Dispatcher, Radio Dispatcher, Training Instructor, and road supervisor employed by Bi-State Development. Respondent is a bi-state agency formed in conformity with statutes passed by the legislatures of Missouri and Illinois. Sixty-four (64) individuals are included in the proposed unit, the vast majority of which work within the State of Missouri.
The Board first addressed whether they had jurisdiction over a bi-state agency. In light of the fact that Illinois law would have no problem with inclusion of Illinois employees in the bargaining unit with Missouri workers, and given that the principal place of business was in Missouri, the Board concluded that they had jurisdiction.
Next, the Board concluded that the individuals in the proposed unit were employees within the meaning of the law. Furthermore, the Board found a clear and identifiable community of interest between the five (5) employment positions sought. The Board noted their similarity in pay and benefit plans, and the fact that all positions were involved in only bottom level supervision of mass transit operations.
Finally, the Board concluded that the positions’ supervisory nature did not preclude establishment of a bargaining unit. It was the Board’s position that such low level supervisors as involved here should be allowed to form and join labor organizations, so long as the unit is kept separate and distinct from the bargaining units of the supervised employees.
Date Issued:July 31, 1979