Public Case No. R 2000-049
(Cross Reference R 1999-027)
International Association of Fire Fighters, Local 2665 v.
North Jefferson County Ambulance District, High Ridge, Missouri
IAFF filed a petition seeking to represent a bargaining unit consisting of all EMT-Ps and Paramedics, excluding the Administrator and Lieutenants. At the hearing, the parties stipulated that a bargaining unit consisting of Emergency Medical Technicians and Paramedics was an appropriate bargaining unit. Therefore, the two (2) questions before the Board was (1) whether or not the employee committee was a labor organization, and (2) whether or not the Employee Memorandum of Understanding acted as a contract bar.
In deciding if the employee committee was a labor organization, the Board applied the definition of labor organization from the NLRA, 29 U.S.C. Section 152(5). Applying this two (2) part definition, the Board looked to see if there was (1) employee participation in the employee committee; and (2) whether or not the employee committee was created for the purpose in whole or in part of dealing with the District concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of employment. The Board found the employee committee to be a labor organization.
In deciding whether or not the Memorandum of Understanding acted as a contract bar, the Board applied a four-part test. The Board will find a contract bar if an employer (1) met, conferred and discussed proposals concerning customary terms and conditions of employment with the employees’ bargaining representative; (2) reduced those discussions to writing; (3) presented such proposals to the appropriate governing body; and (4) the governing body adopted those proposals. The Board found that the Memorandum of Understanding was valid and acted as a contract bar.
The petition was dismissed as untimely.
Date Issued: January 3, 2001