Public Case No. R 1981-028
(Cross References AC 1995-028 and AC 2001-039)Association of Probation and Parole Employees, Affiliated with Services Employees’ International Union, AFL-CIO, CLC v.
Department of Corrections and Human Resources and Council 72, American Federation of State, County, and Municipal Employees, AFL-CIO, Intervenor
SEIU filed a petition for employees of the Department of Corrections and Human Resources. The union sought two (2) bargaining units, one (1) composed of clerical workers within the Division of Probation and Parole, and one (1) unit consisting of the positions of Social Service Trainee, Board Investigators I and II, and Probation and Parole Officers I and II within that same division. The respondent contended that the appropriate unit should include all non-supervisory employees in the Department. The respondent, joined by an intervenor, further argued that a valid memorandum of understanding barred any election.
The Board applied the requirements of a Contract Bar as set forth in Public Case No. 76-035. To that list of requirements the Board added that the contract in question must, by its’ terms, clearly encompass the employees sought. In the present case, they found that the contract did not encompass the employees, and therefore no contract bar applied.
The Board concluded that the Probation and Parole Officers I and II, Board Investigators I and II, and the Social Service Trainees were an appropriate bargaining unit. They relied on the similarity of work done. The Board also created one (1) bargaining unit for clericals in the Department of Corrections and Human Resources. Again, the Board relied on the similarity of work done by all clericals within the Department.
Date Issued:July 29, 1982