Public Case No. R 1984-111
(Cross References R 1976-020, R 1978-006, R 1978-010 and AC 2001-040)Service Employees International Union, Southwestern Joint Council No. 29 v.
Department of Labor and Industrial Relations, Division of Employment Security, Missouri
SEIU filed a petition to represent employees of DOLIR in the Division of Employment Security. The respondent argued that a division-wide bargaining unit, along with selected employees within the department but outside of the division, was more appropriate. The Board applied its community of interest criteria and found that a division-wide unit was appropriate. They found no community of interest between the division employees and the other employees the respondent sought to include in the unit, however.
Next the union argued that certain employees within the division, titled Supervisors I and II, were not true supervisors. The Board agreed. The employees spent a substantial portion of their time performing duties identical to those of the other employees. They also exercised little independent discretion.
The respondent next argued that Appeals Referees I and II were professional employees and therefore lacked a community of interest with other employees. The Board excluded these employees, based on the fact that the positions require great discretion. Finally, the petitioner argued that part-time, provisional, and probationary employees share a community of interest with the other employees and should also be included in the bargaining unit. The Board agreed and included them in the unit. They noted that each of these employees have a reasonable expectation of becoming full-time, regular employees. Further, their job duties are the same as the permanent employees. The employees classified as temporary or emergency have no such expectation, and should be excluded from the bargaining unit.
Date Issued: August 30, 1984