| NEBRASKA STATE COUNCIL OF LOCAL UNIONS | | | CASE NO. 348 |
| NUMBER 32, AMERICAN FEDERATION OF STATE, | | | REP CASE NO. 116 |
| COUNTY AND MUNICIPAL EMPLOYEES, | | | |
| | | ||
| Petitioner, | | | |
| | | ||
| V. | | | OPINION AND ORDER |
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| CITY OF BLAIR, NEBRASKA, | | | |
| | | ||
| Employer. | | |
Appearances:
For the Petitioner: Thomas F. Dowd.
For the Respondent: William A. Harding.
Before: Judges Orr, Wall and Kratz.
ORR, J.:
This case arises out of a Petition filed by Nebraska State Council of Local Unions Number 32, American Federation of State, County and Municipal Employees seeking a unit determination and representation election. Respondent, City of Blair, filed an Answer generally alleging:
1.Bargaining units requested are inappropriate;
2.Not all employees are properly named;
3.Petition is supported by less than 30%;
4.Proposed unit would include police officers;
5 .Unit excludes other employees that should be
included.
On the 15th day of February, 1980, the Clerk filed her Report finding that the Petitioner had filed the appropriate showing and Respondent did not object to the Clerk's Report. Petitioner then filed an Amended Petition and excluded the police officers
from the proposed unit.
The parties filed a Stipulation wherein they agreed that the unit should include the following departments:
1 .Utility Department;
2.Street Department;
3.Landfill Department;
4.Miscellaneous Department;
5.Library Department;
6.Clerical Department;
7.Parks Department;
8.Cemetery Department;
9.Supervised Recreation Department;
10.Swimming Pool Department;
11.Housing Authority;
12. Blair Apartments.
The following are excluded as supervisory employees:
Depart ment Title
Utility Director
Utility Administrative Assistant
Utility Superintendent (Light Distribution)
Utility Foreman (WaterDistribution)
Street Street Commissioner
Miscellaneous City Clerk-Administrator
Miscellaneous Deputy City Clerk
Utility Chief Plant Operator (Waste Water Treatment Plant)
Utility Light Plant Operator (Light & Water Plant)
Library Head Librarian
Parks Supervisor
Cemetery Sexton
Supervised Recreation Head Groundskeeper
Swimming Pool Pool Manager
The following are excluded as confidential employees:
Department Title
Utility Administrative Assistant
Miscellaneous Deputy City Clerk
Clerical Secretary I
This then left the sole question as to who, if any, of the part-time, seasonal and casual employees should be included. These employees work in the cemetery, streets, library, parks, recreation and swimming pool departments. Both parties offered evidence as to the nature of the employment of each of the employees in each of the job descriptions in question, length of service, method of compensation and fringe benefits received. This evidence was
generally not in dispute.
From the evidence, it is clear that the two librarians should be included within the unit. They receive fringe benefits as do other employees and work year round, but put in less than fourty hours per week. All other part-time, seasonal and casual employees should be excluded from the unit. These employees do not receive fringe benefits, most work only during summer months and many positions are filled by students or retired individuals on a limited basis. These employees do not have continuous contact, mutuality of interest in wages, hours, working conditions, duties and interchange with the full-time employees.
We, therefore, find the following constitutes an appropriate bargaining unit. All full-time employees of the following departments:
1.Utility Department;
2.Street Department;
3.Landfill Department;
4.Miscellaneous Department;
5.Library Department;
6.Clerical Department;
7.Parks Department;
8.Cemetery Department;
9.Supervised Recreation Department;
10.Swimming Pool Department;
11.Housing Authority;
12.Blair Apartments.
Included in the unit are the two part-time librarian positions. Excluded are the following job classifications:
1.Director of Utility Department;
2.Administrative Assistant of Utility Department;
3.Superintendent of Light Distribution of Utility Department;
4.Foreman of Water Distribution of Utility Department;
5.Street Commissioner;
6.City Clerk-Administrator;
7.Deputy City Clerk;
8.Chief Plant Operator;
9.Light Plant Operator;
10. Head Librarian;
11. Parks Supervisor;
12.Cemetery Sexton;
13.Recreation Head Groundskeeper;
14.Swimming Pool Manager;
15.Secretary I of Clerical Department.
It is therefore ordered that the Clerk make a Supplemental Report to the Commission pursuant to 48-804.01 R. S. Supplement and Rule 4(B), taking into account the above described unit.
All Judges assigned to the Panel join in this opinion and Order.
Filed June 13, 1980
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