Public Case No. UC 1988-005
(Cross Reference UC 1999-029)City Utilities, City of Springfield, Missouri v.
International Brotherhood of Electrical Workers, Local 753
The City of Springfield filed a unit clarification petition asking that seven (7) employees classified as Foremen be excluded from the bargaining unit, based on supervisory status. IBEW, Local 753 contended that the petition must be dismissed because of a contract bar. Alternatively, they argued that the foremen did not qualify as supervisors. The Board concluded that the contract bar rule should not be applied rigidly, and should preclude UC petitions only in certain circumstances. In declining to dismiss the petition, the Board noted that there was little danger of disruption in the bargaining relationship since the contract would have expired within a few months.
The Board also overruled IBEW’s objection that evidence concerning the duties of the foremen should be excluded under the parol evidence rule. Administrative bodies are generally not required to follow technical evidentiary rules, and instead have a duty to hear all evidence concerning the issued brought forth.
The Board applied its supervisory guidelines to the Foremen in question and found that they were true supervisors. The Board noted the Foremen’s authority to direct and assign work, the number of people they oversee, and the fact that they are the highest-ranking authority on the jobsite. The Board also noted that the Foremen generally do not perform the same type of work as the employees they oversee.
The Board issued a unit clarification excluding the Foremen from the bargaining unit.
Date Issued: February 11, 1988