Public Case No. R 1983-012
(Cross References R 1981-030, R 1983-006, UC 1985-004, UC 1988-030, UC 1990-035 and UC 2001-037)Communication Workers of America, AFL-CIO v.
Department of Social Services, Division of Family Services, Missouri
CWA filed a petition to represent certain employees of the Department of Social Services. The parties agreed that a department-wide unit was appropriate, and stipulated that certain employees which might be considered professional would be included. The respondent did question the inclusion of certain positions. The Board concluded that those employees classified as Academic Teachers, Special Education Teachers, Vocational Training Instructors, and Vocational Teachers, were not teachers within the meaning of §105.510, and therefore should be included in the bargaining unit.
The Board concluded that those employees designated as HPR III’s were managerial employees since they helped formulate, determine, and effectuate the employer’s policies.
Finally, the respondent contended that the Social Services Supervisor I, Income Maintenance Supervisor I, Child Support Enforcement Supervisor I, Case Analyst Supervisor, and Maintenance Supervisor I were supervisory employees and should be excluded from the bargaining unit. The Board concluded that SSS I’s were not supervisors since the position was entry level; they did not hire or fire, and they performed many of the same tasks as other employees. Those same factors also indicated the IMS I’s were not supervisors. The Board found that the CA I’s and MS I’s were true supervisors since they exercised independent judgement and effectively made recommendations concerning the firing of employees.
Date Issued: May 31, 1984