Section 22 Supervisors and Other Employees Not Included in the Unit

• Library: Employer-Employee Law 2008

In determining the appropriate bargaining unit, the Board will exclude employees “whose duties involve acting directly or indirectly in the interest of the employer in relation to other employees.” Golden Valley Mem’l Hosp. Dist. v. Mo. State Bd. of Mediation, 559 S.W.2d 581, 583 (Mo. App. W.D. 1977). The Board uses the following factors to determine whether an employee is a “supervisor” to be excluded from the unit:

• The authority to recommend hiring, promotion, transfer, discipline, or discharge of employees

• The authority to direct and assign employees

• The number of employees supervised and the number of other persons exercising greater, similar, or lesser authority over the same employees

• The level of pay, including whether the supervisor is paid specifically for supervising employees

• Whether the supervisor primarily supervises an activity or employees

• Whether the supervisor is a working supervisor or spends a substantial majority of time supervising employees

• The amount of independent judgment and discretion exercised in the supervision of employees

Baer v. Civilian Pers. Div., St. Louis Police Officers Ass’n,
747 S.W.2d 159, 163–64 (Mo. App. W.D. 1998); W. Mo. Pub. Employees, Local 1812 v. Jackson County, Mo. (Dep’t of Corr.), Pub. Case No. 90 (Dec. 22, 1976), available at:

www.dolir.mo.gov/SBM/BoardDecisions/decision/

75-090.pdf

The Board, in its discretion, may...