Decisions and Orders Digest for 2008

ALASKA CORRECTIONAL OFFICERS ASSOCIATION VS. STATE OF ALASKA and ALASKA STATE EMPLOYEES ASSOCIATION, AFSCME LOCAL 52, AFL-CIO, CASE N0. 07-1495-RCRD. Decision and Order No. 284 (February 28, 2008). The petition of the Alaska Correctional Officers Association is granted to sever the Department of Corrections adult probation and parole officers* from the general government unit represented by the Alaska State Employees Association. The petitioner proved by a preponderance of the evidence that the unit appropriate for collective bargaining for the adult probation officers in the petition is the Alaska Correctional Officers Association. The adult probation officers have a greater community of interest with the correctional officers unit than with the general government unit. The Alaska State Employees Associationís motion to dismiss the petition on res judicata grounds is denied because the Alaska Correctional Officers Association is not in privity with the Public Safety Employees Association, and the issue regarding severance in this case is different from the severance issue presented in Public Safety Employees Association v. State of Alaska, Decision and Order No. 270 (December 21, 2004).

*The general government unitís Department of Corrections adult probation and parole officers will be referred to as adult probation officers, or probation officers.

PUBLIC SAFETY EMPLOYEES ASSOCIATION AFSCME LOCAL803,AFL-CIO vs. CITY OF UNALASKA, CASE NO. 07-1511-SP. Decision and Order No. 285 (February 28, 2008). The strike petition of the Public Safety Employees Association to classify the three positions as strike ineligible (Class I) is denied. The duties of the Cityís Animal Control Officer, Information Services/DMV Agent, and Emergency Medical Services Coordinator do not fit within the factors required for Class I status (strike ineligible).

PUBLIC SAFETY EMPLOYEES ASSOCIATION, AFSCME LOCAL 803, AFL-CIO vs. CITY OF WASILLA, CASE N0. 07-1517-RC and GENERAL TEAMSTERS LOCAL 959 vs. CITY OF WASILLA, CASE NO.07-1518-RC. Decision and Order No. 286 (June 3, 2008). The representation petitions of the Public Safety Employees Association and the Teamsters are granted as modified by this decision. The public safety unit in the City’s Police Department shall include law enforcement officers, along with sergeant supervisors, dispatchers, including dispatch supervisors, other department employees previously agreed to by the parties, and positions sought by each union in its respective petition. The lieutenant is a “supervisory employee” under 8 AAC 97.990(a)(5), and the lieutenant position is excluded from the bargaining unit. Although the sergeant supervisors and dispatch supervisors are technically “supervisory employees” under 8 AAC 97.990(a)(5), they maintain a stronger community of interest with other employees in the City’s public safety bargaining unit than the lieutenant’s position, and they are appropriately included in the bargaining unit. Further, creating two separate bargaining units in this particular case would result in unnecessary fragmentation.

EDUCATION SUPPORT STAFF ASSOCIATION, NEA-ALASKA, NEA vs. FAIRBANKS NORTH STAR BOROUGH SCHOOL DISTRICT, CASE NO. 07-1506-ULP AND CASE NO. 07-1507-CBA. Decision and Order No. 287 (September 16, 2008). The complaint by the Education Support Staff Association is granted. The Fairbanks North Star Borough School District committed an unfair labor practice when it unilaterally changed a mandatory subject of the parties’ expired collective bargaining agreement prior to declaring impasse and without giving advance notice and opportunity to bargain the change. The District’s unilateral declaration of impasse was invalid.

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