| PLATTSMOUTH POLICE DEPARTMENT | | | CASE NO. 183 |
| COLLECTIVE BARGAINING COMMITTEE, | | | |
| | | ||
| Plaintiff, | | | |
| | | ||
| v. | | | OPINION AND ORDER |
| | | ||
| CITY OF PLATTSMOUTH, | | | |
| | | ||
| Defendant. | | |
Appearances:
For Plaintiff: William J. Lindsay and Michael Andor
For Defendant: Herbert J. Ellsworth
Before: Judges Wall, Kratz & McGinley
WALL, J.:
This industrial dispute comes before us for a determination of an appropriate unit for bargaining within the police department of the City of Plattsmouth. The Clerk's Report shows the petitioner to be entitled to an election under §48-804.01, R.R. Supp. 1976 and no one has challenged that report under §48-817, R.R.S. 1943. We find we have jurisdiction of the parties and of the subject matter. The only matter remaining is the determination of the appropriate unit.
Plaintiff contends for a unit composed of the police officers, the dispatchers, the sergeant and the detective. The evidence discloses three other positions in the department - a lieutenant, the chief, and a secretary who sometimes fills in as dispatcher. Neither party contends that part-time employees should be part of the unit.
Section 48-816, R.R.S. 1943 requires us to exclude the Chief and the immediately subordinate position of lieutenant from the unit. Section 48-838, R.R.S. 1943 and our policy of avoiding fragmentation, AFSCME v. Dept. of Roads , 3 CIR 128/138-1 (1976), IBEW v. State , 3 CIR 133/134-1 (1976), Metropolitan Technical Community College Education Assn. v. Metropolitan technical Community College , 3 CIR 167-1 (1976), requires us to include the secretary.
A single bargaining unit is, therefore, established: All full-time employees of the Plattsmouth Police Department, excluding the Chief and the lieutenant positions. Since the present sergeant is occupying the lieutenant vacancy on a pro-term basis, he will not be eligible to vote in the election hereinafter ordered, but the sergeant position will remain in the unit.
An election will be held within a reasonable time from the filing of this opinion. Judge Benjamin M. Wall is designated as the Court's representative for the election. The election will be carried out under the immediate supervision of the Clerk of the Court, Janet Stewart Arnold, who is also appointed hearing examiner for initial determination of all questions arising concerning the election.
The attorneys for the parties shall meet with the Clerk of the Court at 10:00 A.M. on the 25th day of January, 1977, in the office of the Court, 301 Centennial Mall South, Lincoln, Nebraska, to agree upon or have determined all procedural questions concerning the election not covered by rule 9 of the Rules of this Court.
Entered January 17, 1977.
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