Case No. R 1983-002

DECISION SUMMARY

Public Case No. R 1983-002

(Cross References R 1981-018, R 1982-016 and UC 1989-003)

American Federation of State, County, and Municipal Employees, Missouri State Council 72, AFL-CIO v.
Department of Corrections and Human Resources, Missouri

AFSCME filed a petition to represent certain employees of the Department of Corrections. The parties stipulated to the creation of a department-wide bargaining unit. This unit constituted an accretion to the unit previously certified by the Board in R 82-016. The Board accepted this agreement, although they noted that it is not the policy of the Board to just routinely accept department-wide bargaining units.

The Board also included Correction Officers II’s in the bargaining unit, despite objections from the respondent that they were supervisors. The Board noted that CO II’s have no authority to direct and assign the workforce. They are also the second lowest in rank among the guard force and have no authority to hire, fire, discipline, or promote other employees.

Finally, the Board included teachers employed by the Department in the bargaining unit. They noted that since the teachers were not employed by any school district, college, or university, they were not teachers within the meaning of §105.510.

 

Date Issued: August 2, 1984