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STATE OF CONNECTICUT
DEPARTMENT OF LABOR
CONNECTICUT STATE BOARD OF LABOR RELATIONS
IN THE MATTER OF
TOWN OF GREENWICH
DECISION NO. 5084
-AND-
AUGUST 21, 2019
GREENWICH MUNICIPAL
EMPLOYEES ASSOCIATION
-AND-
LIUNA
Case No. ME-33,172
A P P E A R A N C E S:
Attorney Mark P. Santagata
for GMEA
Attorney Lisa Banatoski Mehta
for the Town
William McCormack, Business Manager
for LIUNA
DECISION AND
CLARIFICATION OF UNIT
On April 20, 2018, the Greenwich Municipal Employees Association (GMEA)
filed a petition with the Connecticut State Board of Labor Relations (the Labor Board)
seeking clarification of an existing GMEA bargaining unit of employees of the Town of
Greenwich (the Town) to include the newly created position of Student Financial
Services Coordinator. The Student Financial Services Coordinator is currently
represented by Laborers International Union of North America, Local 136 (LIUNA).
After the requisite preliminary steps had been taken, the matter came before the
Labor Board for a hearing on September 19, 2018, October 26, 2018, and December 21,
2018, at which the parties appeared, were allowed to present evidence, examine and
2
cross-examine witnesses, and make argument. The Town and GMEA filed post-hearing
briefs, which were received on February 8, 2019 and reply briefs, which were received on
February 22, 2019. LIUNA did not file a brief. Based on the entire record before us, we
make the following findings of fact and issue an order granting the petition.
FINDINGS OF FACT
1. The Town is a municipal employer within the meaning of the Act.
2. LIUNA is an employee organization within the meaning of the Act and at all
relevant times has been the exclusive representative for a bargaining unit of certain Town
employees. LIUNA and the Town are parties to a collective bargaining agreement (Ex. 6)
effective July 1, 2016 through June 30, 2019, that states, in relevant part:
1. RECOGNITION
A. In accordance with the Connecticut Municipal Employees
Relations Act, the Town recognizes [LIUNA] as the exclusive
bargaining representative for all professional and management
employees including . . .
. . .
D. … The positions or classifications covered by this
provision are those that meet the following criteria:
1) The work is at the professional, supervisory, or
managerial level;
2) The position or classification is of a nature
comparable to others in the bargaining unit; and
3) The proposed salary is not less than the lowest
salary listed in the appropriate salary Appendix of
this Agreement.
. . .
3. GMEA is an employee organization within the meaning of the Act and at all
relevant times has been the exclusive representative for a bargaining unit of certain Town
employees. GMEA and the Town are parties to a collective bargaining agreement (Ex.
5), effective July 1, 2016 through June 30, 2019, that states, in relevant part:
ARTICLE 2
RECOGNITION
In accordance with Sections 7-467 to 7-477 of the Connecticut
General Statutes, as amended, the [Town] hereby recognizes [GMEA] as
the sole and exclusive collective bargaining representative for all full-time
permanent employees and part-time permanent employees in the
classifications set forth in Appendix C. Excluded from the bargaining unit
3
are all other employees, including but not limited to, individuals excluded
pursuant to Sections 7-467 through 7-477 of the Connecticut General
Statutes . . .
. . .
APPENDIX C
…
Accounting Clerk II
…
4. The written job description (Ex. 10) for accounting clerk II, as amended in March
2006, states, in relevant part:
GENERAL STATEMENT OF DUTIES:
Performs advanced administrative and financial clerical work requiring the
application of bookkeeping and payroll practices and procedures to create
and maintain accounting and/or payroll records for a large department or
Town-wide within the limits of established payroll and accounting
systems. Follows standardized procedures for receipt and recording of
revenue with some independent judgment in interpreting procedures
governing the recording of transactions and the preparation of accounting
statements and/or payroll documents. Assists in budget preparation,
budget oversight and prepares complex reports.
Reports to Division Head or Department Head.
ESSENTIAL FEATURES:
Performs clerical accounting duties utilizing a wide variety of prescribed
accounting codes and classifications in the receipt of revenue, preparation
of payroll or reconciliation and balancing of the general ledger.
Analyzes and verifies internal consistency, completeness, and
mathematical accuracy of accounting documents; making adjustments as
authorized. Assigns prescribed accounting distribution codes. Posts
registers or subsidiary ledgers. Performs account reconciliations.
Troubleshoots and analyzes discrepancies, making recommendations for
resolution.
Compiles and prepares complex reports, memoranda and various other
correspondence. Compiles and prepares, from draft materials, complex
tabular reports including financial statements, budgets, annual reports,
revenue statements and related accounting reports. Performs research as
required. Performs related clerical or mathematical posting work, creates
4
and types forms, templates, specifications, brochures and other
information.
Prepares vendor’s checks; maintains vendor check registers, and
supporting documents including the vendor lists. Maintains certain service
contracts, procurement of supplies and inventory maintenance for
department, departmental bills and statistical reports. May be responsible
for cash receipts, deposits and reconciling of cash.
Produces personnel reports; maintains and files employee earning record
cards, maintains and updates leave time and other personnel records.
Responds to questions regarding compensation issues; provides accurate
and up-to-date payroll reports, summaries and analyses as needed by
Payroll or Human Resources Departments. May assist in budget
preparation related to personnel costs and projections; produces related
reports as required.
Prepares and/or oversees the preparation of a large and complex payroll,
recording, calculating and troubleshooting time records and various
information while consistently assuring timely and accurate submission of
full and part-time payroll. Maintains and verifies payroll data, and
routinely responds to employee inquiries.
Responds to inquiries from the public and internal clients providing
prompt, accurate information in a courteous, customer service oriented
manner.
May train and/or supervise assigned staff.
...
MINIMUM QUALIFICATIONS:
Graduation from high school plus three (3) years of work experience in an
accounting, payroll, budgetary or financial area or a closely related field
and at least 15 college credits in accounting, finance or a closely related
field, or an equivalent combination of education and experience.
...
5. At all times relevant hereto, employees holding the position of accounting clerk II
and assigned to the Town’s Board of Education (the School District), were required to
obtain approval from the School District’s finance supervisor, and the headmaster or
assistant headmaster of the school involved, to make deposits, withdrawals, or issue
checks.
6. The School District operates the Greenwich High School (the High School) and
three middle schools: Eastern; Central; and Western. At all relevant times prior to
September 1, 2017, the Town employed at least one accounting clerk II at each school
5
who handled “student activity funds” generated from field trips, sporting events, proms,
and various fundraising activities.
7. At all relevant times, Regina Williams (Williams) has been the Town’s assistant
director of human resources assigned to the Board of Education. As such, when a
position became vacant, Williams assessed whether that position continued to meet the
Town’s and the Board of Education’s needs.
8. On April 17, 2017, an employee of the Town's Parking Services Department was
arrested for allegedly diverting Town monies to personal use. In September, a Town
Department of Human Services employee was arrested for a similar offense. (Exs. 14,
25).
9. On September 1, 2017, Eileen Koravic retired from her position as an accounting
clerk II at the High School and the Town did not refill the position until February 2018.
10. On November 14, 2017, Town first selectman Peter Tesei issued a press release
announcing the formation of a 4-member Cash Handling Task Force to assess the Town’s
cash handling practices and to recommend changes. (Ex. 17).
11. On November 30, 2017, Margaret Remesic (Remesic) retired from her position as
an accounting clerk II at Eastern Middle School. Shortly thereafter, Williams assembled a
"working group" to assess the accounting clerk II classification, consisting of director of
human resources Mary Pepe (Pepe), assistant director of human resources Erica Mahoney
(Mahoney), chief operating officer Lori O’Donnell, and School District financial
services coordinator Patricia Manaran (Manaran).
12. On December 5, 2017, the Town rehired Remesic on a temporary basis to handle
student activity funds1 at Eastern Middle School. In February 2018, Remesic was
transferred to the High School where she oversaw approximately 200 student activity
fund accounts belonging to various student clubs.
13. At some point prior to April 2018, Williams’ working group determined that the
accounting clerk II position at the High School should be replaced with a position
requiring professional accounting expertise and which, among other things, would
facilitate moving the School District closer to a cash free system for student activity
funds. In addition, the group determined that the accounting clerk II positions at the
middle schools should be replaced with the new position of administrative staff assistant
II 2 to address requests from administrators for more clerical help.
1 Remesic testified that handling student activity funds was not a “high volume” activity at the start of the
school year but that it increased as the year progressed and reached its peak volume in May or June.
2 The administrative staff assistant II position is in the GMEA bargaining unit.
6
14. Based on her notes from meetings of the working group, and using job
descriptions for several LIUNA positions,3 Mahoney drafted a job description
(Ex. 11) for a new position entitled School Financial Services Coordinator (SFSC)
and which states, in relevant part:
GENERAL STATEMENT OF DUTIES:
Performs responsible professional and technical work coordinating
business office operations relating to the District's student activity funds;
exercises initiative and independent judgment to maintain and increase
efficiency of business operations; supervises clerical subordinates.
Reports to the Finance Supervisor BOE.
ESSENTIAL FEATURES:
Working under limited supervision, follows standardized practices and/or
methods to oversee the collection of student funds from student events,
ensuring the accuracy and timely completion of transactions.
Manages district student activity accounts at central office.
Supervises the work of subordinates assisting with student activity
accounts at the middle schools; trains staff and ensures that established
procedures and priorities are followed.
Prepares and coordinates data and guidelines regarding financial practices
to site staff and student government representatives to ensure activities are
performed in accordance with established financial policies and
procedures and generally accepted accounting best practices.
Prepares and ensures both middle and high school student activity
financial reports and statements are accurate and comply with related
policies and practice and/or regulations.
Demonstrates continuous effort to improve operations and customer
service, working closely with administrators; provides leadership and
serves as integral partner with the District in the process of maintaining an
efficient and smooth office environment.
Serves as key point-person regarding all student activity funds, collection
of monies, budget information (e.g., supplies, vendors, Booster groups,
PTA, department heads, administration) for the purpose of providing
3 Business office manager for the Human Services Department, the program and operations supervisor for
the Greenwich Library, the business office manager for the Health Department, and the business services
coordinator at the Nathaniel Witherell Nursing Facility.
7
information on the collection and distribution of funds.
Analyzes and monitors a variety of fiscal information, files and records for
the purpose of providing an up-to-date reference and audit trail.
Prepares fiscal and site-specific reporting information (i.e., donations,
sales tax, fine balances, petty cash, account payables and account
receivables, etc.) for the purpose of updating information and/or
authorizing final action in compliance with accounting requirements.
Audits account balances and related financial activity to ensure that
allocations are accurate, expenses are within budget limits and/or fiscal
practices are followed; monitors student activity financial expenditures.
Troubleshoots issues/problems related to student activity funds and
notifies Finance Supervisor.
Supports Town and District policies and philosophies and performs other
related duties as assigned.
…
EDUCATION & EXPERIENCE:
Bachelor's degree from an accredited college or university in Business,
Accounting, Public Administration, or related field, plus 2 years of
progressively responsible related financial or accounting experience in a
general office setting or school setting that includes some supervisory
experience, or an equivalent combination of education and experience.
15. By email to GMEA president Linda Marini (Marini) (Ex. 7) on March 13,
2018, Mahoney forwarded a copy of the SFSC job description and stated, in
relevant part:
[T]he vacant position of Accounting Clerk II at the High School is being
eliminated.
In place of this eliminated position, the [School District] … business
office reviewed their needs, and it was determined that it has a need for an
accounting professional with financial/analytical training and experience
in order to exercise discretion and independent judgment managing the
financial records and procedures of various school student funds. The
essential functions of the position represented LIUNA bargaining work,
and as such the Town intends to place the position in the LIUNA
bargaining unit. We anticipate posting this position in the next few
weeks...
…
8
16. By letter (Ex. 8) to Pepe and School District human resources director Robert
Stacy, dated March 22, 2018, GMEA attorney Mark Santagata (Santagata) stated, in
relevant part:
The Town is proposing the reclassification of the existing GMEA
Accounting Clerk II position at [the High School] as a newly designated
position titled [SFSC] to be designated for representation by .... LIUNA...
...
The GMEA Collective Bargaining Agreement allows the Union to request
the scheduling of a meeting regarding such classifications. Pursuant to the
CBA, within 10 business days of receipt of this notice kindly convene
such meetings to consider the reclassification.
....
17. By letter (Ex. 9) to Santagata dated March 23 2018, Town labor relations
director Alfred Cava (Cava), stated, in relevant part:
[T]he CBA provides for a procedure for the Town and GMEA
representatives to meet to negotiate the appropriate salary grade on the
GMEA wage schedule, for GMEA represented positions that are either
newly-created, reclassified, or when an existing position's salary grade is
under review...
In this instance, the [Accounting Clerk II position is] being reclassified to
a professional level which is within the recognize (sic) clause of the
bargaining unit represented by LIUNA. Since the former GMEA
recognized position[] . . . will no longer exist, there is no GMEA wage
schedule salary grade issue or dispute that requires negotiation...
18. By responding letter to Cava of even date (Ex. 29A), Santagata stated, in
relevant part:
[Re]classification is appropriate only if the positions as actually
implemented will be professional or supervisory. If sufficient
characteristics of the original positions survive, and the primary duties of
the new positions remain clerical or administrative, the new positions
should remain with GMEA.
...
19. By email to Marini on March 23, 2018 (Ex. 29B), Manaran stated, in
relevant part:
[M]any of the duties that were originally assigned to the Account
Clerk will continue to be performed by the newly reclassified position of
[SFSC]. In addition, this position will supervise the work of subordinates
9
assisting with student activity accounts at the middle schools. The level of
complexity and the degree of involvement and independence along with
the duties and responsibilities of the position have expanded and increased
due to the reclassification of the Accounting Clerk to Administrative Staff
II position from the middle schools.
…
[The SFSC] will … exercise[] a significant degree of independence of
action and decision-making… [R]eclassifying the position from GMEA to
LIUNA is warranted…
20. On or about May 16, 2018, and in accordance with a recommendation
from the Cash Handling Review Task Force, the Town announced its intention
to eliminate the use of petty cash in favor of increasing customer payment options
with credit/debit cards for conducting transactions with the Town. (Exs. 28, 37).
21. In or about July 2018, the Town hired Thomas O’Brien (O’Brien) as the SFSC
and assigned Remesic to train O’Brien in the mechanics of the School District's
accounting systems.
22. By School District-wide email on August 24, 2018 (Ex. 29C), Maranan stated, in
relevant part:
Greenwich Public School ... is pleased to announce Tom O'Brien as our
new [SFSC]... Tom is a finance and operations professional who brings 20
years of experience in accounting and operations management . . . [and
h]is experience is enhanced by his bachelor’s degree in Accounting. As
[SFSC] O’Brien is responsible for the overall leadership of the Student
Activity funds…
23. By email on September 17, 2018, director for student activities Karen
Foster directed High School faculty to forward all bookkeeping issues directly to
O'Brien. (Ex. 29D).
24. Since assuming the position of SFSC, O’Brien has been responsible for
servicing the student activity fund accounts at the high school. In addition,
O’Brien has compiled and analyzed data for the Board’s annual budget, employee
payroll projections, grants, and Medicaid funding. O’Brien also has worked with
the Town’s information technology staff, the Board’s financial services
coordinator, and outside vendors to analyze and identify the electronic fund
transfer systems best suited to enhance or replace existing bookkeeping software.
25. O’Brien and Remesic train all new middle school administrative staff
assistants in handling student activity funds and O’Brien verifies their work
remotely via telephone, email, or accounting software, and/or through on-site
visits. The frequency with which O’Brien travels to a middle school is determined
10
in large part by volume of student activity fund work. O’Brien visits Eastern three
times per week, Central once per week, and has visited Western once.
26. O’Brien does not adjust grievances; enforce the collective bargaining
agreement; apply personnel policies; hire, fire or impose discipline; or play a role
in establishing performance standards. O’Brien did not participate in the 2018
evaluations due to his recent tenure.
DISCUSSION
GMEA contends that the SFSC falls within the recognition clause of its collective
bargaining agreement with the Town because it is nothing more than an accounting clerk
II and is misplaced in the LIUNA bargaining unit because it is neither a professional nor
supervisory position within the meaning of Sections 7-471(2) and (3) of the Act.4 The
Town responds that that the SFSC is properly in the LIUNA unit because it is a
professional and supervisory position within the meaning of the Act. The Town further
argues that the petition should be dismissed because the GMEA recognition clause
expressly restricts the bargaining unit to only those job classifications listed in Appendix
C of the contract and the SFSC is not among them. Based on the entire record before us,
we agree with GMEA that the SFSC falls within the existing recognition cause of its
collective bargaining agreement with the Town.
“A clarification petition is essentially a claim that no true representational
question exists about a position, but rather just a controversy as to whether certain
positions fall within or without the parameters of an existing bargaining unit.” Town of
West Hartford, Decision No. 3839 p. 4 (2001).
When clarification of a unit is in issue, the Board’s function is limited to
deciding whether the claimed positions fall within an existing certified
unit. An election is not necessary in such cases because the wishes of the
employees to be represented have already been ascertained prior to the
certification. Challenges to the appropriateness of the bargaining unit, or
the asserted additions thereto, are also not properly in issue when only a
clarification is being sought.
Town of Monroe, Decision No. 1360 p. 2 (1975); see also West Haven Board of
Education, Decision No. 4966 (2017).
In this case, the GMEA bargaining unit is limited to “all full-time permanent
employees and part-time permanent employees in the classifications set forth in
4 GMEA also argues that the Town illegally subcontracted bargaining unit work when it created the SFSC position and that the SFSC shares a community of interest with other GMEA positions. It is well-settled,
however, that both arguments are outside the scope of this proceeding. Town of West Hartford, Decision
No. 3839 (2001); Town of Monroe, Decision No. 1360 (1975).
11
Appendix C…” of the collective bargaining agreement. Although the newly created
SFSC classification is not named in Appendix C, GMEA contends that in actual practice
O’Brien is preforming the same bookkeeping functions that Remesic currently performs.
As such, GMEA argues, the SFSC is the functional equivalent of an accounting clerk II.
We agree.
By Manaran’s own admission, the SFSC performs “many of the duties that were
originally assigned to the Account Clerk” and the record supports a finding that those
duties are significant. Like Remesic and Koravic before her, O’Brien is responsible for
processing student activity funds at the High School and he admits his work involves a
high volume of bookkeeping. O’Brien is subject to the same oversight as any ACII in that
he must obtain the prior approval of the director of student activities, headmaster and/or
assistant headmaster of the school before making deposits and withdrawals or issuing
checks. Furthermore, we credit Remesic’s testimony that balancing and reconciling the
estimated 200 student activity accounts at the High School is a year round, full-time job.
While the record reflects that O’Brien has performed other duties such as assisting with
the annual budget, preparing financial reports, and recommending operational
improvements, the evidence in this regard is limited to the first few months of the school
year when student activities, and therefore student activity fund work, is at its lowest
volume. More importantly, the record contains credible evidence that ACIIs performed
the same or similar functions.5
Since GMEA is not a supervisory unit, however, our finding with regard to the
SFSC’s actual job duties does not end the analysis. Subject to certain exceptions not
relevant here, Section § 7-471(3) of the Act6 bars supervisory and non-supervisory
positions from belonging to a single unit. Norwalk Board of Education, Decision No.
5022 (2018); Canton Board of Education, Decision No. 1796 (1979).
In determining whether a position is supervisory the board shall consider,
among other criteria, whether the principal functions of the position are
characterized by not fewer than two of the following: (A) Performing such
management control duties as scheduling, assigning, overseeing and
reviewing the work of subordinate employees; (B) performing such duties
5 The ACII job description states that the position “assists in budget preparation … and prepares complex
reports” and Remesic testified that she has submitted ideas for improving the handling of student activity
funds, such as introducing cash counting machines. While the Town argues that the SFSC operates on a
more sophisticated level, based on this record we find any such differences to be merely a matter of degree
rather than a distinguishing characteristic.
6 Section 7-471(3) of the Act states, in relevant part:
The board shall decide in each case whether, in order to insure to employees the fullest
freedom in exercising the rights guaranteed by section 7-467 to 7-477, inclusive, and in
order to insure a clear and identifiable community of interest among employees
concerned, the unit appropriate for purposes of collective bargaining . . . provided no unit
shall include both supervisory and nonsupervisory employees. . . (Emphasis added).
12
as are distinct and dissimilar from those performed by the employees
supervised; (C) exercising judgment in adjusting grievances, applying
other established personnel policies and procedures and in enforcing the
provisions of a collective bargaining agreement; and (D) establishing or
participating in the establishment of performance standards for
subordinate employees and taking corrective measures to implement those
standards.
Conn. Gen. Stat. § 7-471(2).
O’Brien does not exercise authority under (C) or (D) and therefore his status as a
statutory supervisor turns on whether the principal functions of his position are
performing “management control duties” within the meaning of (A).
The question is whether the supervisory function is the dominant and
critical characteristic of the position - the element which makes it distinct
from that of other employees - or whether the supervisory function is only
incidental or supplementary to the performance of non-supervisory work.
That must be judged in terms of the central responsibility of the position
and not simply in terms of clock hours spent in various activities.
Town of Windsor, supra at p.4; see also Town of Wolcott, Decision No. 1472 (1976).
Based on the entire record before us, we find that performing management control
functions is not the dominant and critical characteristic of the SFSC position. O’Brien
admittedly does not schedule or assign the work of ASAIIs. Their schedule is determined
in large part by contract and their day-to-day functions are determined by the
administrative assistants and school administrators at their respective middle schools.
Furthermore, O’Brien’s oversight and review of the ASAIIs’ work is limited to a single
function – reconciling student activity accounts – and that function has diminished at the
middle school level. Swift testified that student activity fund work makes up only a small
portion of the ASAIIs’ responsibilities and since the Town admittedly designed the
ASAII classification in response to middle school administrators’ requests for a position
with greater clerical rather than bookkeeping responsibilities, we credit her testimony in
this regard. Similarly, since O’Brien testified that the level of oversight directly
corresponds to the level of student activity fund work, we conclude that supervisory
responsibilities are not a principal function of his position. 7
7 The Town urges us to take into account O’Brien’s short tenure of employment. Town’s brief, p.16 n.5.
We are, however, limited to the record before us:
The newness of the operation may account for much… [Moreover, we] realize much time
has elapsed since our hearing, and that there may exist new information based on
operations since that time, but we can only make our determination based on the existing
record.
Town of Redding, Decision No. 2959 pp.12-13 (1991) (Denying statutory supervisory status to recently
hired dispatchers).
13
We also find that the SFSC is not a “professional” employee within the meaning of Section 7- 471(3)8 of the Act.
[W]here the Municipal Employer has in fact recruited on the basis of
relevant professional training, the person holding the position has that
professional training, and the work he is performing is professional in
nature, it would be contrary to common sense to hold that the employee
was not a professional employee.
Town of Windsor, Decision No. 935 p. 5 (1970). Here, the Town made a decision to
replace the accounting clerk II classification with a position having greater professional
expertise as demonstrated, in part, by a “bachelor's degree … in business, accounting,
public administration, or related field…” and there is no dispute that O’Brien possesses
those qualifications. Moreover, we have long recognized accounting as “knowledge of an
advanced type” within the meaning of Section 7-471(3) of the Act. Town of Canton
Decision No. 3556 (1997); Edward Hanna (UConn), Decision No. 1800 (1979). We
look, however, to “the realities of the qualifications of the incumbent and the work being
performed to test ‘professional’ status.’” (Emphasis added.) City of West Haven,
Decision No. 1019 (1971). Notwithstanding the Town’s intentions to the contrary, in
actual practice O’Brien primarily performs the bookkeeping functions of an ACII and
while we recognize the mental precision required by that work we find that he does not
exercise the discretion necessary to satisfy the requirements of Section 7-471(3). See e.g.,
Town of Canton, supra (Accountant exercising significant discretion with regard to
transfers of large sums from town accounts is statutory professional).
Finally, the Town relies on Bell Convalescent Hospital, 337 NLRB 191 (2001),
to support its argument that the SFSC cannot be included in the GMEA unit because it is
not one of the classifications listed in Appendix C of the GMEA contract. In Bell, the
NLRB held that a stipulation which defined the bargaining unit as consisting of certain
named job titles and “excluding all other employees”, expressed the parties’ intent to
8 Conn. Gen. Stat. §7-471(3) states, in relevant part:
The term “professional employee” means: (A) Any employee engaged in work (i)
predominantly intellectual and varied in character as opposed to routine mental, manual,
mechanical or physical work; (ii) involving the consistent exercise of discretion and
judgment in its performance; (iii) of such a character that the output produced or the
result accomplished cannot be standardized in relation to a given time period; (iv)
requiring knowledge of an advanced type in a field of science or learning customarily
acquired by a prolonged course of specialized intellectual instruction and study in an
institution of higher learning or a hospital, as distinguished from a general academic
education or from an apprenticeship or from training in the performance of routine
mental, manual or physical processes…
14
strictly limit the unit to the listed positions.9 Although the recognition clause in the
GMEA contract contains similar exclusionary language, the case before us involves a
new position which is, in our view, the ACII position by another name. In light of these
circumstances, we believe that dismissing the instant petition on the basis of the
reasoning in Bell Convalescent Hospital would place form over substance and
circumvent the parties’ agreement with regard to the parameters of the GMEA bargaining
unit. Accordingly, we reject the Town’s argument and grant the petition for the reasons
set forth above.
ORDER
By virtue of and pursuant to the powers vested in the Connecticut State Board of
Labor Relations by the Municipal Employee Relations Act, it is hereby
ORDERED that the position of School Financial Services Coordinator is
included in the unit represented by GMEA.
CONNECTICUT STATE BOARD OF LABOR RELATIONS
Wendella Ault Battey
Wendella Ault Battey
Acting Chairman
Barbara J. Collins
Barbara J. Collins
Board Member
Kenneth B. Leech
Kenneth B. Leech
Alternate Board Member
9 If the objective intent of the parties concerning the questioned portion of the unit
description is expressed in clear and unambiguous terms, the [NLRB] will hold the parties to their agreement. … Under this view, if the classification is not included, and
there is an exclusion for “all other employees,” the stipulation will be read to clearly
exclude that classification. (Internal citations omitted.)
Bell Convalescent Hospital, 337 NLRB 191, 191 (2001).
15
CERTIFICATION
I hereby certify that a copy of the foregoing was mailed postage prepaid this 21st
day of August, 2019 to the following:
Attorney Lisa Banatoski Mehta
Shipman & Goodwin LLP RRR
One Constitution Plaza
Hartford, CT 06103
Attorney Mark P. Santagata
Cacace, Tusch & Santagata RRR
777 Summer Street
Stamford, CT 06901
William McCormack
LIUNA, Local 136 RRR
Greenwich Town Hall
101 Field Point Road
Greenwich, CT 06836
__________________________________
Harry B. Elliott, Jr., General Counsel
CONNECTICUT STATE BOARD OF LABOR RELATIONS