Public Case No. R 1997-022
(Cross References R 1999-028 and RD 2001-019)International Brotherhood of Electrical Workers, Local 253v.
City of West Plains, Missouri
There were two (2) issues in this case: 1) the composition of the bargaining unit and 2) whether nine (9) DPW Foremen should be excluded as supervisors from any bargaining unit.
With regard to the first issue, IBEW sought a unit of DPW employees minus three (3) employees in the DPW Engineering Department, plus three (3) non-DPW employees. The Board found the proposed unit was inappropriate. The City proposed a unit of all DPW employees except for the nine (9) Foremen, plus the Transit Department employees, the City Hall Janitor, and some employees in the Park Grounds, Golf Course, and Civic Center Departments. The Board found the City’s proposed unit was also inappropriate. Having found that neither sides’ proposed unit was appropriate, the Board constructed a unit of its own making. The unit which the Board constructed was as follows: all the DPW employees (including the three (3) Engineering Department employees), plus four (4) City Hall employees (the Warehouse/Invoice Clerk, the City Hall Janitor, and two (2) Meter Readers).
With regard to the second issued, the Board found that none of the nine (9) DPW Foremen were supervisors. They were therefore included in the bargaining unit which the Board created.
The Board ordered an election in the above referenced unit.