Public Case No. R 2003-044
International Association of Fire Fighters, Local 42 v.
Smithville Area Fire Protection District, Smithville, Missouri
The union filed a petition seeking to represent a bargaining unit consisting of all paid employees below the rank of assistant chief excluding the fire chief, administrative assistant and assistant chief. The District objected to the description as too vague because it could include future positions. At the hearing the issue of whether part time paid firefighters were included in the unit was raised. In the post hearing briefs the parties agreed that part time paid firefighters would not be a part of the unit. The only issue to be resolved by the Board was whether the description was too broad and indefinite that it might cover positions to be created in the future.
The Board held that the description clearly states who is covered in the proposed unit and covers all current positions. If additional positions are added and there is a question whether they belong in the unit the parties can file a unit clarification petition with the Board. The Board has no jurisdiction or authority to address hypothetical situations.
The Board ordered an election to be held.
Date Issued: November 18, 2003