Public Case No. R 1996-004
(Cross References R 1973-077, R 1977-032, RD 1980-041 and UC 1998-039)International Union of Electronic, Electrical, Salaried, Machine and Furniture Workers (IUE) v.
Teamsters, Local 610 and Parkway School District, Chesterfield, Missouri
Two (2) issues were decided in this case: (1) do the factual circumstances present here bar IUE’s election petition from being processed further, and (2) are the 31 Head Custodians at the district’s elementary, middle, and high schools supervisory employees.
With respect to (1), the Board held that the factual circumstances present here did not bar IUE’s election petition from being processed further. Those factual circumstances are as follows: In 1981, the Board conducted a representation election among the district’s Maintenance and Grounds employees. Teamsters, Local 610 won that election and was subsequently certified by the Board as the exclusive bargaining representative for the district’s Maintenance and Grounds employees. Following the election, the parties never reached an initial agreement. The last written correspondence the district received from the Teamsters was in 1984. In the 11 years which followed, the district had no contact with the Teamsters. The Board held that although it appeared that the Teamsters had disclaimed an interest in said employees, they had not because the Teamsters specifically advised the Board that it had not relinquished the unit. This meant that the Teamsters were still the certified representative for the district’s Maintenance and Grounds employees.
With regard to (2), the Board held that the 31 Head Custodians at issue were not supervisory employees.
Because of the unique circumstances present here, the Board ordered (2) elections be held. In the first election the district’s Maintenance and Grounds employees were to vote whether they desire representation by either the Teamsters, IUE or neither. In the second election the district’s Custodial and Warehouse employees (including the 31 Head Custodians) were to vote whether they desire representation by IUE.