International Association of Fire Fighters, Local 3133 v.
City of Harrisonville, Missouri
The Union sought to represent a bargaining unit consisting of all full-time Fire Department employees at or below the rank of Captain and all full-time Emergency Medical Service (EMS) Department employees at or below the rank of Shift Supervisor, excluding supervisors, confidential employees, and any full-time Secretary, Billing Clerk, and Accounts Receivable Clerk. The City objected to the inclusion of the three EMS Shift Supervisors and the full-time Fire Captain in the bargaining unit on the grounds that they were supervisors and confidential employees.
As for the issue of whether the EMS Shift Supervisors and Fire Captain were supervisors, the Board applied the traditional supervisory factors and found that the two job classifications were not supervisors.
As for the issue of whether the EMS Shift Supervisors and Fire Captain were confidential employees, the Board applied the labor/nexus test and found that the two job classifications were not confidential employees.
Therefore, the EMS Shift Supervisors and Fire Captain were included in the bargaining unit and the Board directed that an election be held.