Brunswick Police Communications Operators' Assn. and Town of Brunswick, No. 77-UD-13, affirmed by No. 77-A-03. [STATE OF MAINE] [MAINE LABOR RELATIONS BOARD] [Case No. 77-UD-13] [Issued: December 9, 1976] _____________________________________ ) THE BRUNSWICK POLICE COMMUNICATIONS ) OPERATORS' ASSOCIATION ) ) UNIT DETERMINATION and ) ) REPORT THE TOWN OF BRUNSWICK ) _____________________________________) As the result of a filing of a Petition for Appropriate Unit Determination by Louis H. McIntosh for the Brunswick Police Communications Operators' Association, a Unit Determination Hearing was held at 2:00 p.m. (EST) on November 30, 1976, in The Conference Room, Municipal Building, 28 Federal Street, Brunswick, Maine. Present thereat for the Petitioner was: Louis H. McIntosh Spokesman, Brunswick Police Communications Operators' Association Present thereat for the Town of Brunswick were: John P. Bibber Brunswick Town Manager Gregory J. Doyon Brunswick Administrative Assistant Lawrence W. Joy Captain - Brunswick Police Department Present thereat for the Brunswick Police Association was: Roger D. Reindl President, Brunswick Police Association Also present thereat was the undersigned Attorney/Examiner for the Maine Labor Relations Board in his capacity as Hearings Examiner. The opening statement of the Brunswick Police Communications Operators' Association, hereinafter referred to as the Operators' Association, indicated that the three dis- patchers and one communications supervisor in the Brunswick Police Department were not included in the present collective bargaining agreement between the Town of Brunswick and the Brunswick Police Benefit Association, which became effective April 1, 1976, and expires March 31, 1978. The individuals in the four positions desired to bargain collectively with the Town of Brunswick and were, therefore, seeking a separate bargaining unit for dispatchers and communications supervisor. The position of the Town of Brunswick was that the dispatchers and communications supervisor basically performed a police function and were uniformed personnel and should be included in the bargaining unit composed of parking enforcement officer, patrolman, corporal, sergeant, detective first grade, and detective second grade. The Hearings Examiner then proceeded to take the following testimony to facili- tate a comparison of the job categories: DISPATCHERS Wages: $122.00 to $152.20 per week Benefits: Insurance-85% of the premium for Blue Cross and Blue Shield is paid by the Town and the Town contributes to a group life insurance plan. Sick Leave-l2 days per year accummulative to 100 days. Vacation-1 year service or over, 2 weeks; 10 years service or over, 3 weeks; 20 years service or over, 4 weeks. [-1-] ____________________________________________________________________________________ Work hours: 40 hours per week in 8-hour shifts starting at approximately 3:00 o'clock, 11:00 o'clock, and 7:00 o'clock. Responsible to: Sergeant Geographic Location of Work: Municipal Building Job Description/Content: The dispatcher position is basically a civil position and employees in the position are not required to have the special police training required of other uniformed policemen. A uniform is worn; however, the dispatcher is not armed and does not, by virtue of the dispatcher position, have a general power of arrest. COMMUNICATIONS SUPERVISOR Wages: $127.50 to $159.00 per week Benefits: Insurance-same as dispatcher Sick Leave-same as dispatcher Vacation-same as dispatcher Work hours: 48 hours per week. Works a shift similar to the dispatchers. Responsible to: Sergeant Geographic Location of Work: Municipal Building Job Description/Content: Same as dispatcher with additional administrative duties. Positions Covered by Contract Between the Town of Brunswick and the Brunswick Police Benefit Association PARKING ENFORCEMENT OFFICER - Wages: $107.00 to $133.30 per week PATROLMAN - Wages: $152.90 to $190.50 per week CORPORAL - Wages: $182.20 to $199.10 per week SERGEANT - Wages: $199.10 to $217.50 per week DETECTIVE FIRST GRADE - Wages: $199.10 to $217.50 per week DETECTIVE SECOND GRADE - Wages: $182.20 to $199.10 per week Work hours: The regular work week is 40 hours in any 7-day period with overtime over 40 hours paid at time and a half. Sick Leave: 12 days per year accummulative to 100 days Vacation: 1 year of service or over, 2 weeks; 10 years of service or over, 3 weeks; 17 years of service or over, 4 weeks (during the second year of the collective bargaining agreement vacation time shall accrue according to the following schedule: 1 year of service or over, 2 weeks; 7 years of service or over, 2 weeks; 15 years of service or over, 4 weeks.) Hours: varied Geographic Location: varied Additional testimony indicated that the dispatcher and communications supervisor consider themselves as a separate craft specializing in communications. They have very little to do with the traditional police duties of patrol and the job require- ments and career paths of dispatchers and communications supervisor differ from those of the police officer. -2- ____________________________________________________________________________________ Since the positions of dispatcher and communications supervisor existed prior to the effective date of the present collective bargaining agreement between the Town of Brunswick and the Brunswick Police Benefit Association, it cannot be said that the circumstances surrounding the formation of the existing police bargaining unit have changed sufficiently to warrant a modification in the composition of that bargaining unit, and it would be inappropriate to proceed with a unit clarification as provided in 26 M.R.S.A. Section 966(3). Title 26 M.R.S.A. Section 967(2) paragraph 4 states that "where there is a valid collective bargaining agreement in effect, no question concerning units or representation may be raised except during the period not more than 90 nor less than 60 days prior to the expiration date of the agreement." The testimony at the hearing indicated that there is presently a valid collective bargaining agreement in effect between the Town of Brunswick and the Brunswick Police Benefit Association, which does not expire until March 31, 1978. Any question con- cerning representation or the unit covered by the agreement between the Town of Brunswick and the Brunswick Police Benefit Association cannot timely be raised until between 90 and 60 days prior to March 31, 1978. The facts in this case indicate that the dispatcher and the communications super- visor share a community of interest and can appropriately be included in a bargaining unit. The facts also indicate that the dispatchers and communications supervisor share a community of interest with the bargaining unit composed of parking enforcement officer, patrolman, corporal, sergeant, detective first grade, and detective second grade. Title 26 M.R.S.A. Section 966(2) requires that the hearing examiner insure to employees the fullest freedom in exercising the rights guaranteed by the Municipal Public Employees Labor Relations Act. With the present collective bargaining agreement covering police officers expiring March 31, 1978, in order to insure the dispatchers and the communications supervisor the fullest freedom in exercising the rights guaranteed by the Municipal Public Employees Labor Relations Act, it is necessary at this time to find that they constitute a separate bargaining unit. It is, there- fore, the opinion of the Hearings Examiner that the positions of dispatcher and communications supervisor comprise an appropriate bargaining unit for the purposes of collective bargaining. Nothing in this decision is intended to prejudice the rights of either party to petition at an appropriate time for a subsequent determination or to mutually agree on alteration in the bargaining unit. Dated at Augusta, Maine, this 9th day of December, 1976. /s/___________________________________ Richard L. Hornbeck, Attorney/Examiner Maine Labor Relations Board -3- ____________________________________________________________________________________