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

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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

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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.

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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.

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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...

…

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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

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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

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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).

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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).

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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