Public Case No. R 1987-017
International Association of Fire Fighters, Local 2665 v.
Riverview Protection District, St. Louis, Missouri
IAFF filed a petition to represent certain employees of the Riverview Fire Protection District. The District contended that Captains should be excluded from the bargaining unit as supervisory employees. The Board concluded that the Captains were not supervisors. The Board relied on the fact that Captains played no role in the hiring of new employees, nor was it clear that they could effectively recommend discharge, transfer, or discipline employees. Merely filing evaluations to be used by others in the promotion process was insufficient to grant supervisory status. Furthermore, the Board noted that while Captains direct Fire Fighters at the fire scene, they exercise little independent judgment.
The Board also found that Captains were not confidential employees. In doing so, the Board re-adopted the labor/nexus test for determining confidential status. The Board issued its decision including Captains as non-supervisory employees.
Date Issued: October 16, 1987