Appeals

SUPERVISORY STATUS. On July 7, 1998, the superior court affirmed the Agency's decision in State of Alaska v. Alaska State Employees Ass’n/AFSCME Local 52, AFL-CIO & Alaska Public Employees Ass’n/AFT, AFL-CIO, Decision & Order No. 219 (May 27, 1997). The superior court had previously remanded the matter for additional evidence, and to determine the validity of two agency regulations. Upon reviewing the evidence upon remand, and after a second hearing, the Agency concluded the incumbent employees (statewide environmental coordinator, technical engineer II/architect II, and natural resource manager I) were supervisors as defined in 8 AAC 97.990(a)(5). In addition, the Agency found valid its regulation requiring separate units for supervisors and non-supervisors (8 AAC 97.090(a)(1)), and the regulation defining "supervisory employee" (8AAC 97.990(a)(5)). Superior court Judge Rene Gonzalez agreed. (3AN-95-9083 CI). Among other things, Judge Gonzalez held that there is "no requirement that a state employee must have formal documentation of officially delegated responsibility to be a supervisor." The court also found the agency’s reliance on employees’ opinions of their own authority was appropriate (3AN-95-9083 at 11). On October 15, 1999, the Alaska Supreme Court affirmed the superior court’s decision, per curiam.

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