Public Case No. R 1989-003
(Cross References R 1981-018, R 1982-016 and R 1983-002)Department of Corrections and Human Resources v.
Missouri State Council 72, American Federation of State, County, and Municipal Employees
The Department of Corrections and Human Resources filed a petition for clarification of a bargaining unit established by a previous Board decision (R 83-002). The Department contends that 224 of 237 employees in the positions of Correction Officer II (CO II’s) are now supervisors or confidential employees and should be excluded from the unit. The union argued that there has been no substantial change in the duties of CO II’s since the previous Board decision.
The Board expressly adopted the substantial change prerequisite for reconsidering bargaining units which the Board has previously found appropriate. The Board looked at the supervisory guidelines and found that the changes in the CO II’s job requirements did not substantially affect the employees’ supervisory status. The Board also concluded that there had been no substantial change in the position of Correction Officer Investigators.
Finally, the Board considered the inclusion of a position created after the previous Board ruling. The new position involved providing medical services in the Central Transportation Unit. Since this was a new position, the substantial change requirement was not applicable. The Board applied its supervisory criteria and concluded that the position should be excluded.
Date Issued: May 26, 1989