STATE OF CONNECTICUT LABOR DEPARTMENT CONNECTICUT STATE BOARD OF LABOR RELATIONS

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1 STATE OF CONNECTICUT LABOR DEPARTMENT IN THE MATTER OF TOWN OF HAMDEN COUNCIL 4, AFSCME, AFL-CIO DECISION NO JUNE 23, and- -and- CONNECTICUT INDEPENDENT LABOR UNION Case No. ME-20,614 A P P E A R A N C E S: Attorney Michael Tagliatela For the Town Attorney J. William Gagne, Jr. For Council 4 Wayne A. Gilbert, Director for CILU DECISION AND DISMISSAL OF PETITION On February 1, 1999, Council 4, AFSCME, AFL-CIO (Council 4 or Petitioner) filed a petition with the Connecticut State Board of Labor Relations (the Labor Board) alleging that a question or controversy had arisen concerning the representation of employees of the Town of Hamden (the Town) in a bargaining unit consisting of all Town Hall employees, including School Crossing Guards. Connecticut Independent Labor Union (CILU or Intervenor) is the certified representative of the bargaining unit that includes the above positions and was served appropriate notice of the pendency of the petition. Petitioner seeks to represent all employees in

2 the bargaining unit with the exception of the School Crossing Guards. After the requisite preliminary steps had been taken, the Agent of the Labor Board recommended dismissal of the petition pursuant to ' 7-471(1) of the Municipal Employee Relations Act (MERA or the Act) by letter dated April 26, The Agent based his recommendation on his finding that the petitioned-for unit lacks a sufficient community of interest separate from the Crossing Guards to justify secession from the existing bargaining unit. Petitioner received the Agent=s recommendation on April 28, 1999 and filed an objection to the recommendation of dismissal on May 10, DISCUSSION Pursuant to ' 7-471(1) of the Act and ' (e) of the Regulations of Connecticut State Agencies, we confirm the Agent=s Recommendation for Dismissal and dismiss the petition. The information presented by the Petitioner does not support a finding that the petitioned-for unit possesses a sufficient community of interest separate from the crossing guards to justify secession from the existing unit. The existing unit is a wall to wall, multi-departmental, multiclassification unit which has existed for many years and the Crossing Guards have been included in the unit for many years. The Crossing Guards work in the Police Department as do other members of the unit and they receive benefits similar to other bargaining unit employees in almost all respects. Based on the information presented, the proposed new group does not have a sufficient community of interest all its own to justify the inherent destabilization that secession occasions. The petition is dismissed. 2

3 ORDER By virtue of and pursuant to the power vested in the Connecticut State Board of Labor Relations by the Municipal Employee Relations Act, it is hereby ORDERED that the petition filed herein be, and the same hereby is, DISMISSED. John H. Sauter John H. Sauter Chairman C. Raymond Grebey C. Raymond Grebey Board Member Wendella A. Battey Wendella A. Battey Board Member 3

4 CERTIFICATION I hereby certify that the foregoing was mailed postage prepaid this 23rd day of June, 1999 to the following: Attorney J. William Gagne, Jr. Gagne & Associates 1260 Silas Deane Highway Wethersfield, Connecticut Attorney Michael Tagliatela Town of Hamden Memorial Town Hall 2372 Whitney Avenue Hamden, Connecticut Wayne A. Gilbert, Director CILU/CIPU 36B Kreiger Lane, P.O. Box 938 Glastonbury, Connecticut Barbara A. DeNicola, Mayor Town of Hamden Memorial Town Hall 2372 Whitney Avenue Hamden, Connecticut Joseph Aresimowicz, Field Representative Council 4, AFSCME, AFL-CIO 444 East Main Street New Britain, Connecticut Jaye Bailey Zanta, General Counsel 4

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