Public Case No. R 2000-035
International Union of Operating Engineers, Local 2 v.
Jefferson County Fleet SVS Division, Hillsboro, Missouri
IUOE filed a petition in which it sought to represent a bargaining unit consisting of all Fleet Services Division employees excluding management employees and supervisors. The County objected to the inclusion of the Administrative Clerk III position in the bargaining unit on the grounds that the position did not share a community of interest with the other positions in the proposed bargaining unit and that the position was a confidential employee position.
The Board applied the eleven (11) factors traditionally used to determine whether employees share a clear and identifiable community of interest. Based upon the Board’s application of the factors, the Board held that the Administrative Clerk III shared a community of interest with the other Division employees.
The Board also applied the labor/nexus test to determine whether the Administrative Clerk III was a confidential employee. The Board held the Administrative Clerk III was not a confidential employee. Therefore, the Board included the Administrative Clerk III in the bargaining unit.
Date Issued: May 23, 2000