Public Case No. RD 1982-002
(Cross Reference R 1979-035)Miscellaneous Drivers, Helpers & Public Employees’ Union, Local 610 v.
The Congress of Independent Unions, Intervenor and City of Herculaneum, Missouri
Teamsters filed a petition to represent all employees of the City of Herculaneum, excluding City Clerk and Superintendent of Public Works. The Congress of Independent Unions intervened in this case. CIU was granted the right to intervene based on its previous certification as an affiliated international to Industrial Miscellaneous Workers, Local 30. Local 30 had entered into two (2) agreements with the City in 1979, both of which had expired. The Intervenor objected to the petition based on a Contract Bar theory. The Board concluded that there was no effective memorandum between the intervenor and the employer at the present time, however.
The City argued that the service workers and clericals together did not constitute an appropriate bargaining unit. The Board stated that it is their position that employees will require separate representation only when it is necessary to protect their rights. In the present case, excluding the four (4) clerical from the bargaining unit would so weaken their position at the bargaining table as to deny the right to effective bargaining.
Date Issued:October 18, 1982