Public Case No. R 1989-017
(Cross References M 1991-015 and AC 1999-004)Missouri Federation of Teachers, AFT, AFL-CIO v.
Department of Elementary and Secondary Education, Division of Vocational Rehabilitation, Missouri
MFT petitioned for certain employees of the Division of Vocational Rehabilitation. The question was whether a bargaining unit consisting only of professional employees within one of the Department’s five (5) divisions was appropriate. The Department argued that a larger department-wide bargaining unit was appropriate. The Board looked at the community of interest criteria and concluded that the department-wide unit was appropriate.
The Board noted that some factors did favor creation of a division only bargaining unit. These included the unique skills and duties performed by employees in the division, the lack of contact with employees outside of the division, and the geographic isolation of employees assigned to this division. These factors were outweighed, however, by the Board’s reluctance to permit fragmentation of bargaining units. They noted that all employees in the Department were governed by the General Manual on Personnel Policies, which set up a common scheme for benefits, hours, and other conditions of employment. The Board also took into consideration the fact that employees in all the divisions were ultimately under common supervision. The Board, therefore, determined that the department-wide bargaining unit was appropriate. The union had not yet made the requisite showing of interest for this department-wide unit, so the Board gave the union 30 days to make such a showing.
Date Issued: September 29, 1989