Public Case No. R 1980-021
Service Employees International Union, Local 96, AFL-CIO v.
Hickman Mills Consolidated School District, Kansas City, Missouri
SEIU filed an objection to the conduct affecting an election held on August 13, 1980. First, Local 96 contended that the election should be set aside because the employer failed to post a notice of election in the Burke Elementary School, as required by 8 CSR 40-2.150(1). The Board concluded that the employer had posted the notice as required.
Second, SEIU contended that the employer’s inadvertent omission of an employee from the list of eligible voters requires setting aside the election. The Board found that the error was not the result of the employer’s gross negligence or bad faith, and therefore did not justify overturning the election. They also noted that the union failed to challenge the list until after the election was held.
Third, SEIU contended that the School District made threats that they would subcontract custodial work in the event that the union won. The Board found the union’s evidence insufficient to conclude that employees had been intimidated by this threat. Since there were no other anti-union actions taken by the employer, the Board declined to overturn the election on this ground.
Fourth, SEIU argued that the election should be set aside because one of the employer’s observes was a supervisor. Designating a supervisor as an election observer is contrary to the Board rule, 8 CSR 40-2.160(1). Since the one employee who was under the supervision of the observer admitted that this in no way affected his vote, the Board concluded that the non-compliance did not require setting aside the election.
(OBJECTIONS TO CONDUCT OF ELECTION)
Date Issued:January 7, 1981