Public Case No. R 1979-036
Professional Fire Fighters of Marshall, International Association of Fire Fighters, Local 2706 v.
City of Marshall, Missouri
IAFF filed a petition for all employees of the Marshall Fire Department. The City contended that the Fire Chief, Assistant Fire Chief, Station Captains, and Lieutenants should be excluded as supervisors. The Board concluded that only the Fire Chief was a true supervisor. The Board said that while in most cases an Assistant Fire Chief would be supervisory, the Assistant Chief in Marshall lacked the authority necessary to be a supervisor. The Assistant Chief acts as Chief when the Chief is absent. In order to be a supervisor, however, the employee must have authority of a permanent nature. When not acting as Chief, the Assistant performed the same duties as the Captains.
Captains cannot be considered supervisors because they have no authority to recommend hiring, firing, or discipline of the other employees. Furthermore, there was no evidence that Captains exercised any independent judgment. Lieutenants were also found to be non-supervisory, for those same reasons.
Date Issued:January 21, 1980