| RETAIL AND PROFESSIONAL EMPLOYEES | | | CASE NO. 255 |
| UNION, LOCAL 1015, AFL-CIO, | | | |
| | | ||
| Petitioner, | | | |
| | | ||
| v. | | | OPINION AND ORDER |
| | | ||
| METROPOLITAN TECHNICAL | | | |
| COMMUNITY COLLEGE AREA, | | | |
| a Corporation, | | | |
| | | ||
| Respondent. | | |
Appearances:
For the Petitioner: William Stillmock
For the Respondent: Robert T. Cannella
Before: Judges Wall, DeBacker and McGinley.
WALL, P.J.:
This matter comes before us with all issues stipulated except the status of Gary Booth, Chief of Security. Petitioner and Mr. Booth contend that he is not a supervisor, since he is merely a conduit for commands of the Dean of Administrative Services. The evidence is undisputed that Mr. Booth responsibly directs other employees and has the authority effectively to recommend discipline of other employ ees. Even if we grant all of his stipulated testimony as true, he has at least two of the identifying marks of a supervisor. Our prior cases indicate that possession of one of the duties or responsibilities of supervisors is sufficient to classify the employee as a supervisor. City of Grand Island v. AFSCME, 186 Neb. 711, 185 N. W. 2d 850 (1971), CWA v. Hastings, 3 CIR Adv. 4 (1975).
Mr. Booth is thus a supervisor and may not belong to a non-supervisory unit. We do not interpret petitioner's Petition as asking for two units, or indicating a willingness to establish separate locals for two units. Nor do we feel that we would approve a one person unit as appropriate if the request were made. Therefore, in accordance with the Stipulation.
IT IS ORDERED that an election in the unit stipulated shall be held as soon as reasonably practical from the date of this Order within the unit agreed upon.
IT IS FURTHER ORDERED that the Court's representative in the conduct of such election shall be Judge Benjamin M. Wall, and that the election shall be held under the immediate supervision of the Clerk of the Court, Janet Stewart Arnold.
IT IS FURTHER ORDERED that Janet Stewart Arnold is appointed hearing examiner to determine initially all questions arising during the election process.
IT IS FURTHER ORDERED that counsel for the parties shall meet with the Clerk of the Court at 10:00 o'clock A.M on May 12, 1978, to agree upon or have determined all matters not covered by Rule 9.
_______________________________