Public Case No. R 1984-116
(Cross Reference UC 1996-034)Civilian Personnel Division, St. Louis Police Officers Association v.
City of St. Louis, Board of Police Commissioners, Missouri
The Civilian Personnel Division filed a petition to represent certain employees of the City of St. Louis Police Commissioners.
The City first argued that the employees in the proposed unit were police within the meaning of the statute. The Board rejected that argument. They noted that police functions entail working on patrol, exercising police power, carrying badges, and carrying firearms. The positions involved here did not meet the traditional definition of police.
The City next argued that the Civilian Personnel Division was not a labor organization. The Board rejected this argument. The City also argued that the CPD was an inappropriate labor organization since it is affiliated with the Police Officers Organization. The Board found no statutory of public policy prohibition that would preclude the certification of a public employees representative merely because it is associated with a union which represented employees excluded by section ยง105.510.
The City also argued that the CPD was dominated by supervisors. The Board found no evidence of this and noted that any employees who are supervisors would be excluded from the bargaining unit.
Finally, the City argued that some of the employees sought by CPD should be excluded as confidential, professional, and supervisory employees. The Board concluded that the Intelligence Unit Secretary and the Stenographer were confidential since their very work puts them in a position of reviewing sensitive materials. They concluded that Research Assistants and Evaluation Analysts should be excluded as professional employees. They noted that these positions required constant use of discretion unchecked by any supervisor. Finally, the Board applied is supervisory guidelines and concluded that the Fleet Services Division Shift Superintendent, the Records Clerk Supervisor, and the Paymaster should be excluded as supervisors.
Date Issued: February 4, 1985