UPIU and MSAD 33 No. 77-UD-06, Affirmed 77-A-01

[STATE OF MAINE                                 MAINE LABOR RELATIONS BOARD]     
                                                [Case No. 77-UD-06]
                                                [Issued September 8, 1976]

______________________________
                              )
UNITED PAPERWORKERS INTER-    )
NATIONAL UNION                )
                              )               UNIT DETERMINATION
and                           )
                              )                     REPORT
MAINE SCHOOL ADMINISTRATIVE   )                    
DISTRICT NO. 33               )
______________________________)
                              
                              
     As the result ot the filing of a Petition for Appropriate Unit Determination
by Eldon L. Hebert, Representative, United Paperworkers International Union, a Unit
Determination Hearing was held at 2:00 p.m. (DST) on Wednesday, August 18, 1976, in
the Wisdom High School Library, St. Agatha, Maine.  Present thereat for the petitioner
was:

          Eldon L. Hebert                 Representative, United Paperworkers
                                          International Union

Present thereat for the respondent were:

          Bruce M. Leet                   Representative, School Administrative
                                          District No. 33

          Garfield C. King                Superintendent, School Administrative
                                          District No. 33

          Paul Bouchard                   Principal, Wisdom High School

          Raynold Tardif                  Elementary Principal

          Constance Desrosier             School Board Director

          Wilfred Saucier, Jr.,           School Board Director
     
Also present thereat was the undersigned Attorney/Examiner for the Maine Labor Re-
lations Board in his capacity as hearing examiner.
     
     At the commencement of the hearing, the petition was amended to reflect the
following positions and position count:

                      2  Kitchen Supervisors (Head Cooks)
                      7  Cafeteria Workers (37 hours per week)
                      1 Cafeteria Worker (25 hours per week)
                      4  Bus Driver/Custodians
                      2  Bus Drivers
                      2  Janitors
     
     After initial testimony concerning the positions in the Petition for Appropriate
Unit Determination, the parties agreed that the following positions be included in the
bargaining unit:

                      7  Cafeteria Workers (37 hours per week)
                      2  Bus Driver/Custodians
                      2  Bus Drivers
                      2  Janitors
     
     There remained in dispute the following job categories:

                      2  Kitchen Supervisors
                      1  Cafeteria Worker
                      2  Bus Driver/Custodians
     
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     The Kitchen Supervisors were challenged by the School Administrative District
No. 33 for inclusion in the bargaining unit because it was alleged they were super-
visors as contemplated by 26 M.R.S.A.  966.  The Cafeteria Worker was challanged by
the School Administrative District No. 33 for inclusion in the bargaining unit be-
cause it was alleged that the Cafeteria Worker did not share a community of interest
with the other employees in the unit and the Cafeteria Worker position was a tempo-
rary position and should be excluded consistent with 26 M.R.S.A.  962(6)(G).  The
two Bus Driver/Custodians were challenged by the School Administrative District
No. 33 for inclusion in the bargaining unit because the two positions were paid by
federal funds (C.E.T.A.) and therefore did not share a community of interest with the
other employees in the bargaining unit.  The testimony concerning the Kitchen Super-
visors revealed that persons in that job category order and price food and schedule
and assign work to other employees in the bargaining unit.  If one of the other Kitchen
employees calls in sick, the employee calls the Kitchen Supervisor who is responsible
for finding a replacement.  It is the opinion of the hearing examiner that the Kitchen
Supervisors are in fact supervisors as contemplated by 26 M.R.S.A.  966 and should be
excluded from the proposed bargaining unit.  SO ORDERED.
     
     Nothing in this opinion is intended to prejudice the right of the Kitchen Super-
visors to petition the Maine Labor Relations Board to request a bargaining unit of
supervisors of Maine School Administrative District No. 33.
     
     The Cafeteria Workers (37 hours per week) work either from 6:30 a.m. to 2:00 p.m.
or from 7:00 a.m. to 2:00 p.m.  They are paid $2.28 per hour by SAD # 33.  They are
paid time and a half for all hours worked after 40 hours per week.  They receive ten
days per year sick leave and all paid holidays which fall during the school year.  They
are supervised by the Kitchen Supervisor (Head Cook) who reports to the Principal and
then to the Superintendent.  They are hired by the Board of Directors with the recom-
mendation of the Superintendent.  They are disciplined by the Superintendent. The
Cafeteria Worker (25 hours per week) is paid $2.28 per hour by SAD # 33.  The Cafete-
ria Worker (25 hours per week) is hired and supervised in the same manner as the other
cafeteria workers.  Since the Cafeteria Worker (25 hours per week) has only been in
existence for a short time, the benefits for that position have not been established.
The testimony also revealed that the Cafeteria Worker (25 hours per week) is a temporary
position and has not yet been made a permanent position by the School Board.  It is the
opinion of the hearings examiner that the Cafeteria Worker (25 hours per week) does
share a community of interest with the other cafeteria workers.  However, since the po-
sition is a temporary position and has not yet been made a permanent position, it is ex-
cluded from coverage under the Municipal Public Employees Labor Relations Act by Section
962(6)(G).  SO ORDERED.  If the position is made permanent or if it is not abolished in
six months, it should be included in the proposed bargaining unit.
     
     The two final positions in dispute are those of the Bus Driver/Custodians employed
by SAD # 33 and paid by C.E.T.A. funds.  The parties admitted that the wages, hours and
working conditions of the C.E.T.A. employees are the same as the other Bus Driver/Custo-
dians.  The only difference is the funds for these two positions are paid to SAD # 33
by the Federal Government.  It is the opinion of the hearings examiner that the C.E.T.A.
employees share a community of interest with the other employees in the bargaining unit
and therefore should be included in the proposed bargaining unit.  SO ORDERED.

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____________________________________________________________________________________     
     
     
Dated at Augusta, Maine, this 8th day of September, 1976.
     
     
     
                                          /s/___________________________________
                                          Richard L. Hornbeck, Attorney/Examiner
                                          Maine Labor Relations Board
     
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