ERB Reviews Supervisory Exclusion Two Member Card Check Unit

The Laborers’ International Union of North America, Professional Law Enforcement Officers Assoc, Aurora sought to certify a bargaining unit without an election composed of two professional law enforcement officers. The City of Aurora requested exclusion of one of the officers because he allegedly performed substantial supervisory and managerial duties.
The ERB concluded that the officer was not a supervisory or managerial employee, and therefore, he was part of the bargaining unit. The officer did not have any supervisory authority as described in ORS 243.650(23), such as hiring, transferring, or suspending other employees. While he acted as the reserve program coordinator, the reserve consists of volunteers, not “other employees” under ORS 243.650(23).
The ERB also concluded that while the officer performed some limited, administrative work, he did not conduct substantial managerial duties. He had a sufficient continuity of interest with the other unit member in that they both had patrol and law enforcement duties. Therefore, it constituted an appropriate bargaining unit.

Christine Moore represents public employee unions in representation and unit clarification matters.