Public Case No. R 1988-025
(Cross References R 1981-001, RD 1993-018, UC 2000-020 and RD 2000-062)Parkway Association Education Support Personnel, PA-ESP, Local 902, MNEA v.
Parkway School District, Chesterfield, Missouri
MNEA filed to represent certain clerical employees of the Parkway School District. The District sought to exclude approximately 70 Secretaries as confidential employees. The Board found that the four (4) Secretaries assigned to the Deputy and Assistant Superintendents, and the four (4) Secretaries assigned to the Personnel Department, were in fact confidential employees. The other Secretaries, assigned to the school principals and directors, managers, and coordinators, were found not to be confidential employees.
The labor/nexus test requires that two (2) determinations be made. First, the person for whom the employee works must initially be found to formulate, determine, and effectuate labor relations. Second, the employee must assist and act in a confidential capacity to the person who formulates, determines, and effectuates labor relations. The Board found that under this test, only the eight (8) Secretaries mentioned above qualified. Given, their limited roles in the District’s labor negotiation process, the Board found that principals, directors, and coordinators did not meet the first part of the labor/nexus test. Furthermore, the Secretaries themselves do not act in a confidential manner, so the second part of the test is likewise not met. There was no evidence that these Secretaries typed, read, or discussed any matter concerning the District’s labor negotiation policies. The Board excluded eight (8) Secretaries as confidential.
Date Issued: January 25, 1989