Public Case No. R 1992-009
(Cross Reference R 1974-095)Missouri National Education Association/NEA Rockwood Custodial & Maintenance Association v.
Rockwood R-VI School District, Rockwood, Missouri
The union filed a petition for certification as public employee representative for all full-time and regular part-time Custodians of Rockwood R-VI School District. There was no dispute as to the appropriateness of the bargaining unit. The School District did argue that Head and Lead Custodians should be excluded because they were supervisors.
The Board concluded that the Head and Lead Custodians did not qualify as true supervisors. They noted that the Head and Lead Custodians had little impact on hiring, firing, disciplining, and evaluating employees. They also pointed out that Head and Lead Custodians had little authority to change work schedules or authorize vacation and overtime. While they did receive more pay, the Board concluded that it was compensation for the extra work they did and not to compensate them for being a supervisor. Finally, the Board decided that the Head and Lead Custodians were really Lead Workers, as opposed to supervisors, since they generally performed the same type of work as the regular Custodians. The Board, therefore, included the Janitors in the bargaining unit and issued an order directing an election.