Public Case No. R 1991-010
Missouri Federation of Teachers, AFT, AFL-CIO v.
Grandview C-4 School District, Gandview, Missouri
MFT filed a petition for certification as public employee representative of certain employees of the Grandview School District. The union proposed a unit consisting of 40 full-time Clerical workers. The School District claimed that any bargaining unit should also include Paraprofessional employees (i.e. Aides) and Cashier/Washroom Supervisors. The Board concluded that the unit proposed by the union was appropriate. The Board noted that the unit proposed by the union included workers who performed similar work, often have contact with one another, and are full-time with certain fringe benefits. The unit proposed by the School District would include employees who performed significantly different job functions and were not all full-time.
The School District also contended that 15 of the employees in the union’s proposed bargaining unit were confidential, and therefore should be excluded. The Board declined the School District’s request to return to the older confidentially test, and instead applied the labor-nexus test. Under that test, the Board concluded that only the two (2) School Administrators played a meaningful role in the determination and effectuation of the school’s labor relation’s policies. Since their Secretaries had access to confidential information about these relations, they were excluded. The other 14 Secretaries were included in the bargaining unit. The Board issued an order directing an election.
Date Issued: September 20, 1991