Public Case No. R 1999-052
(Cross References R 1975-093, R 1981-009 and RD 1981-013)American Federation of State, County, and Municipal Employees, Local 410 v.
City of Festus, Missouri
AFSCME, Local 410 sought to represent a bargaining unit consisting of all permanent, part-time, and full-time Vehicle Maintenance employees, Maintenance employees, Public Works employees, Animal Control employees, and Building Inspection employees; excluding supervisors and confidential employees. The City objected to the inclusion of the part-time employees in the bargaining unit because the City believed they were casual employees. The City also contended that the Public Works Foremen, Animal Control Officer, and Building Inspector/Code Enforcement Official were supervisors and should be excluded from the bargaining unit.
The Board held that the part-time employees are not casual employees. They were, therefore, included in the unit with the full-time employees. The part-time employees worked for the City from two (2) to nine (9) months per year. The part-time employees could work for the City year after year. Some part-time employees were ultimately hired as full-time employees. While employed by the City, the part-time employees performed the same types of work as the full-time employees and were supervised by the same supervisors and the full-time employees. The City Administrator testified that the pay and employee benefits of the full-time and the part-time employees differed, but he did not explain how they differed.
The Board also applied the traditional six (6) indicia of supervisory status and determined that the Public Works Foremen, the Animal Control Officer, and the Building Inspector/Code Enforcement Official were not supervisors.