Sergeants should not be included in the same bargaining unit as patrol officers. "The sergeants must investigate complaints, must report any violations of policy or inappropriate actions, and may recommend that disciplinary action be taken." City of Sandwich v. Illinois Labor Rel. Bd., #2-09-0800, 2011 Ill. App. Lexis 6.
     Illinois appellate court affirms a state labor board decision to allow airport security sergeants to join the same union as airport security officers, but in a separate unit. The issue was not whether a separate unit or a separate union is more appropriate, but whether a separate union is appropriate. Illinois Council of Police v. Illinois Labor Rel. Bd., #1-09-1859, 2010 Ill. App. Lexis 1049.
     Illinois police sergeants are "supervisors" even if they do not devote a preponderance of their time exercising their supervisory authority, and they should not be included in the same bargaining unit with subordinate officers. Vil. of Maryville v. Illinois Labor Rel. Bd., #5-08-0545, 2010 Ill. App. Lexis 687 (5th Dist.)
     Illinois appellate court affirms a determination to exclude jail deputies from a sheriff’s police bargaining unit because “any police duties completed by the corrections deputies were temporary, occasional, and sporadic.” County of Du Page v. Illinois Labor Relations Board, #2-06-0380, 2009 Ill. App. Lexis 928 (2nd Dist.); prior decisions at 900 N.E.2d 1095 (Ill. 2008) and 2007 PERI (LRP) Lexis 123 (2d Dist. 2007).
     Massachusetts Employment Relations Board finds that while full-time firefighters may perform additional duties, they share a community of interest with paid-on-call firefighters; both are engaged to fight fires and respond to other emergencies. Although the union contended that on-call firefighters have different interests than the full-time firefighters because their main occupation is not firefighting, “we decline to exclude the eligible call firefighters on such speculative grounds.” Town of Boxford and Prof. F/F L-3250, Case No. MCR-06-5239 (Mass. Emp. Rel. Bd. 2008).
FONT COLOR="#000000">     A canine captain and lieutenant “are supervisory employees who should be placed in a separate bargaining unit from the canine sergeants and canine officers whom they supervise.” Bristol Co. Sheriff and Natl. Corr. Emp. Union, SCR-08-2270 (Mass. Emp. Rel. Bd. 2009).      Although police unions often have a charter prohibiting representation of other occupations, there is no reason why a bargaining unit of 400 Water District workers cannot include 51 police officers employed by the District. "A subgroup of a bargaining unit is not entitled to separate representation simply because it is a more appropriate bargaining unit, so long as the existing bargaining unit is itself appropriate." Severance denied. Illinois Council of Police v. Illinois Labor Relations Board, #1-06-1645, 2008 Ill. App. Lexis 1284 (1st Dist.).
     Illinois appellate panel finds that police sergeants in an agency are "supervisors." They are responsible for continually monitoring their subordinates, documenting instances of wrongdoing and completing performance evaluations. They "have authority to issue verbal reprimands and recommend more severe disciplinary action and they consistently use independent judgment in exercising such authority." Village of Hazel Crest v. Illinois Labor Relations Board, #1-07-2722, 2008 Ill. App. Lexis 938.
     Although state labor laws might specify otherwise, the Second Circuit finds nothing unlawful about a collective bargaining agreement where the bargaining unit consists of only one person. Local 377 v. 1864 Tenants Assoc., 2008 U.S. App. Lexis 144472, 184 LRRM (BNA) 2596 (2nd Cir.).
     Massachusetts Labor Relations Cmsn. finds, 2-to-1, that Acton police sergeants are supervisory employees and should not be part of a bargaining unit that includes patrol officers, but that lieutenants are not managerial employees, share a community of interest with the sergeants, and should be in the same bargaining unit with sergeants. Town of Acton and Mass. C.O.P., MCR-05-5162 (MLRC 2007).
     In a union certification appeal, "part-time" volunteer firefighters were properly excluded from the bargaining unit because they did not meet the definition of "public employee" under Florida Statutes §447.203(3). City of Marathon v. Prof. F/F L-4396, #3D06-364, 2006 Fla. App. Lexis 21562 (3rd App. Dist. 2006). [N/R]
     Ninth Circuit declines to overturn an appeal by federal Agricultural Inspectors that were excluded from the same bargaining unit as Customs Inspectors. NAAE v. FLRA, #06-71671, 2007 U.S. App. Lexis 444 (9th Cir. 2007). [N/R]
     Illinois Labor Relations Board Counsel finds that police sergeants in a downstate community were not supervisory employees because they did not consistently use independent judgment in either performing or effectively recommending supervisory authority. City of Fairview Heights v. FOP, #S-RC-05-110, 22 PERI 14, 2006 PERI (LRP) Lexis 7 (ILRBC 2005; rptd. 2006). {N/R}
     Florida labor board rejects a union demand that part-time sheriff's dept. employees be excluded from the bargaining unit. Part-time employees share a community of interest with full-time employees. PBA v. St. Lucie Co. Sheriff's Office, #RC-2005-041, Order #05E-262, 31 FPER (LRP) P252; 2005 FPER (LRP) Lexis 247 (Fla. Pub. Emp. Rel. Cmsn. 2005). {N/R}
     Illinois appellate court finds that police sergeants should not be included in the same bargaining unit as officers because they exercise independent judgment and are responsible for recommending discipline of subordinates and adjusting first level grievances. Metrop. Alliance of Police v. Illinois Labor Rel. Bd., #2-04-1010, 2005 Ill. App. Lexis 1174 (2d Dist. 2005). {N/R}
     Massachusetts Labor Relations Commission opts to include student police cadets into the same bargaining unit as campus police officers. Univ. of Mass. and IBPO, #CAS-03-3563 (Mass. Lab. Rel. Cmsn. 2005). [2005 FP Sep]
     Rejecting a union demand, the Massachusetts Labor Relations Commission declines to sever 10 part-time firefighters from a bargaining unit with 17 members. The part-time firefighters share a community of interest with the fulltime members. Town of Sturbridge and Prof. F/F of SFD, #CAS-04-3575 (Mass. Lab. Rel. Cmsn. 2005). {N/R}
     Illinois appellate court sustains a Labor Board determination that police sergeants and lieutenants were not entitled to collectively bargaining because they are supervisory personnel and that they exercise independent judgment as to whether to issue written reprimands to their subordinates. Metropolitan Alliance of Police (Bellwood) v. Illinois Labor Relations Board, #1-03-2043, 2004 Ill. App. Lexis 1473 (1st App. Dist. 2004). {N/R}
     Bargaining Unit Determinations Massachusetts Labor Commission declines to create a new, separate bargaining unit for sergeants. Unless management agrees to include them in the lieutenants and captains unit, they should remain in the line-officer bargaining unit. Sheriff of Worcester Co. and Mass. Corr. Ofcrs. Fed., #MUP-03-3884 (MLRC 2004).[2005 FP Jan]
     The Florida Public Employees Relations Cmsn. has determined that a bargaining unit of civilian communications officers and sworn law enforcement officers was appropriate for bargaining purposes. Palm Beach County v. Town of Jupiter, #RC-2004-029, Order #04E-175, 30 FPER ¶177, 2004 FPER (LRP) Lexis 183 (Fla. PERC 2004). {N/R}
     Illinois appellate court upholds a Labor Board determination that a sheriff's correctional sergeants were not supervisors and constitutes an acceptable bargaining unit. County of Vermilion v. Illinois Labor Relations Board, #4-02-0928, 2003 Ill. App. Lexis 1529 (4th App. Dist. 2003). {N/R}
     Arbitrator concludes that part-time dispatchers should be included in a bargaining unit of full-time police dispatchers, where the state board included them in unit when it first certified the bargaining unit. Belmont Co., Ohio and FOP, 118 LA (BNA) 44 (Harlan, 2003). {N/R}
     N.H. holds that irregularly scheduled parttime employees and "working supervisors" should not be included in a bargaining unit. Stratham (App. of Town of) and N.H.P.E.L.R.B., 743 A.2d 826, 1999 N.H. Lexis 136, 163 LRRM (BNA) 2502. [2000 FP 67-8]
     Divided panel holds that a mixed unit of corrections officers and civilians is improper. Corrections Corp. of Am. and United Govt. Security Ofcrs. L-301, #5-RC-14767, 1999 NLRB Lexis 56, 327 NLRB No. 127. [1999 FP 67-8]
     Nonlawyer union secretary-treasurer was entitled to represent the union in a proceeding before the state's Public Employees Relations Cmsn. Fla. Public Employees C-79 v. Jacksonville Employees, 1999 Fla. App. Lexis 10581, 161 LRRM (BNA) 3183 (Fla.App.). {N/R}
     Pennsylvania Supreme Court holds that a single employee has the right to bargain (under the provisions of Act 111 dealing with policemen and firemen). Alcaraz v. P.L.R.B., 552 Pa. 605, 716 A.2d 1238 (1998). See also, Construction, Gen. Lab. L-1058 v. Westmoreland-Fayette Mun. Sewage Auth., P.L.R.B. Hrg. Exmr. Decis. PERA-C-98-319-W, 30 PPER (LRP) P30,104; 1999 PPER (LRP) Lexis 150 (P.L.R.B. 1999), confirming that holding. {N/R}
     Vermont's Labor Board allows police and all other town employees to be in the same bargaining unit; town has only 14 union employees. United P.I.U. and Town of Wilmington, Vt. Lab. Rel. Bd. #96-53, 34 (1685) G.E.R.R. (BNA) 1459 (1996). [1997 FP 4]
     Where principal work of university police lieutenants was substantially different from that of their subordinates because they primarily responded in a backup capacity to monitor officer performance they should be excluded from the line bargaining unit. Northeastern Ill. Univ. and Teamsters L-714, #S-RC-97-75, 13 PERI (LRP) P2035, 1997 PERI (LRP) Lexis 113 (ISLRB Gen. Counsel Opin. 7/10/97). {N/R}
     R.I. supreme court upholds the inclusion of police chiefs as members of the bargaining unit, but warns of potential conflicts of interest. Lincoln (Town of) v. Lincoln L-22, 660 A.2d 710, 1995 R.I. Lexis 178. [1996 FP 35-6]
     Police dept. did not violate coll. barg. agmt. in excluding five secretaries as "confidential employees." Norman (City of) and AFSCME L-2875, 103 LA (BNA) 300 (Stephens, 1994). {N/R}
     Minnesota appellate court rules that police sergeants were not "supervisors" and excludable from the rank-and-fire bargaining unit. McLeod (Co. of) v. Law Enf. Labor Services, Inc., 499 N.W.2d 518 (Minn.App. 1993). [1994 FP 35-6]
     Suburban Chicago fire lieutenants were not "supervisors" or "managers" and are includable in the line firefighters bargaining unit. Vil. of Elk Grove Village v. Ill. St. Labor Rel. Bd., 613 N.E.2d 311 (Ill.App. 1993). {N/R}
     Michigan appellate court excludes command officers from the basic firefighters unit. Police Off. Assn. of Mich. v. City of Grosse Pointe Farms, 496 N.W.2d 794 (Mich.App. 1992). [1993 FP 164]
     Michigan finds that undersheriffs and captains are "public employees." Both positions are entitled to bargaining rights, but in separate units. Muskegon Prof. Command Assn. v. Co. of Muskegon, 464 N.W.2d 908 (Mich.App. 1990). [1992 FP 36]
     Michigan rules that EMS personnel not attached to a fire or police dept. are not entitled to be included in their bargaining units, nor may they take advantage of fire and police arbitration laws. Police Off. Assn. v. Lake Co., 455 N.W.2d 375 (Mich. App. 1990).
     Illinois rules that court security officers should be included in bargaining unit representing deputy sheriffs. County of Sangamon v. Teamster's L-916 v. Ill. F.O.P. Labor Council, #S-UC-90-44, 6 (1) ISLRB Rptr. 3 (1990).
     Vermont Supreme Court includes "working sergeants" in the rank-and-file police union. Petition of AFSCME L-490 and Town of Bennington, 571 A.2d 63 (Vt. 1989).
     Illinois Supreme Court excludes police sergeants but includes fire lieutenants in the basic bargaining unit. City of Freeport v. ISLRB, and Vil. of Wheeling v. ISLRB, 554 N.E.2d 157 (Ill. 1990).
     Captains, battalion and deputy fire chiefs were not "managerial" employees and should be included in the firefighters bargaining unit. City of Pittsburgh v. Pa. Labor Rltns. Bd., 556 A.2d 928 (Pa. Cmwlth. 1989).
     New Jersey Supreme Court upholds PERC decision to include state firefighters in state employee bargaining unit. Court did not find that firefighters were unique employees. State and N.J. State Firemen's Benev. Assn., 114 N.J. 316, 554 A.2d 1309 (1989).
     Florida appellate court holds that fire battalion chiefs are "managerial" not "supervisory" employees. City of Winter Park v. W.P. Prof. Fire Fighters L-1598, 529 So.2d 1215 (Fla. App. 1988).
     Illinois appellate court includes lieutenants in same bargaining unit with firefighters; supervisory duties were insignificant. Village of Wheeling v. Ill. St. Labor Relations Bd., 524 N.E.2d 958 (Ill.App. 1988)
     Illinois appellate courts exclude sergeants and lieutenants from bargaining units, but include detectives who have minimal duties as internal affairs investigators. Vil. of Oak Park v. ISLRB, 522 N.E.2d 161 (Ill.App. 1988).
     Illinois rules that sergeants and lieutenants assn. may form own local in FOP, although patrolmen also have a FOP local. Village of Oak Park, IL and Oak Park Lieutenants & Sgts Assn., Case #S-RC-265, 2 (3) ISLRB 5 (2/25/87).
     Illinois labor board rules that lieutenants are not supervisors in two fire and one police bargaining units. Vil. of Wheeling v. Wheeling Firefighters Assn., #S-RC-245 2 (2) ISLRB Board Opinions 4 (11/24/86); Village of Streamwood v. Streamwood Prof. Firefighters Assn. Local 3022 I.A.F.F., #S-RC-291, 2 (2) ISLRB Bd. Opin. 4 (11/24/86); City of Freeport and Amer. Fed. of St., Co. & Mun. Emplees., #S-RC-181, 2 (2) ISLRB Board Opinions 4 (10/30/86).
     Pennsylvania appellate court excludes police captains from bargaining unit; they exercised "managerial" powers. Fraternal Order of Police v. Commonwealth Labor Rel. Bd., 511 A.2d 923 (Pa. Cmwlth. 1986).
     U.S. Appeals court rules that fire captains can be prohibited from membership in firefighter's local union. Vicksburg Firefighters Assn., L-1686 v. Vicksburg, Miss., 761 F.2d 1036 (5th Cir. 1985).
     Employer could intervene in recertification lawsuit. Ariyoshi v. Hawaii, P.E.R.B., 704 P.2d 917 (Haw.App. 1985).
     State supreme court rejects PELRB decision to include police and fire employees in same unit without "community of interest" findings in support of consolidation. Town of Plymouth and N.H. Public Empl. Labor Rel. Bd., 484 A.2d 1214 (N.H. 1984).
     Iowa includes lieutenants and captains in firefighter units. City of Davenport v. Public Empl. Rel. Bd. v. Davenport Assn. of Prof. Fire Fighters, 264 N.W.2d 307 (Iowa 1978) and City of Des Moines v. Public Empl. Rel. Bd. v. Des Moines Assn. of Prof. Fire Fighters, 264 N.W.2d 324 (Iowa 1978).
     Oklahoma rules city could not exclude high ranking members of fire and police departments from bargaining units. Stone v. Johnson, 690 P.2d 459 (Okla. 1984).
     Appeals court rejects suit by superior fire officers for their own bargaining unit; must remain part of line personnel unit. Constitutional claims dismissed. Employees of the City of Philadelphia Fire Dept. and App. of the Phila. Fire Officers Un., 477 A.2d 47 (Pa. Cmwlth. 1984).
     City may prohibit police union from affiliating with another union that accepts non-police members allows strikes. Brennan v. Koch, 564 F.Supp. 322 (S.D. N.Y. 1983).
     New Hampshire includes battalion chiefs in supervisory unit of union local. Appeal of City of Concord, 459 A.2d 285 (N.H. 1983).
     Florida appellate cases include fire captains in the bargaining unit in one city, and exclude them in another. Inspectors included. Ocean City-Wright Fire Dist. v. Ocean City-Wright Fire Fighters Assn., L-2879 IAFF, 440 So.2d 413 (Fla. App. 1983); City of St. Augustine v. Prof. Firefighters L-2282 IAFF, 440 So.2d 416 (Fla. App. 1983).
     Federal court strikes down ordinance which prohibits "supervisors" from joining rank-and-file union as unconstitutionally vague. Commonwealth v. Penn. Labor Rel. Bd., 441 A.2d 470 (Pa. Cmwlth. 1982); see also: Melton v. City of Atlanta, 324 F.Supp. 315 (N.D. Ga. 1971); Local 189 Int. Un. of Police Assns. v. Barrett, 524 F.Supp. 760 (N.D. Ga. 1981).
     Police lieutenants in a bargaining unit, discussed in Florida St. Lodge FOP and City of Jacksonville, #8H-RC-766-2074, 1977-78 PBC ¶ 40,577.
     Employer cannot refuse recognition of rival union, when employees have never voted on exclusive representation. Assn. of Orange Co. Dep. Sheriffs v. Co. of Orange, 144 Cal.Rptr. 204 (App. 1978).
     Missouri appellate court upholds Kansas City exclusion of battalion chiefs from line union; federal court in Virginia says captains, if really supervisors, can likewise be excluded. Germann v. City of Kansas City, 577 S.W.2d 549 Mo.App. 1978), reh. and app. den. (1979).
     Multi-unit bargaining team lawful in New Hampshire. City of Concord and Local 1045, Int. Assn. of Fire Fighters, N.H. Pub. Empl. Labor Rel. Bd. #F-010B, Decis. #780056. 78-79 PBC ¶ 40,898 (1979).
     Police sergeants excluded from line unit in Massachusetts. Town of North Attleboro and Intern. Bro. of Police Officers, MLRC Case #MCR-2663 91978). (#57 FP 7).
     City loses appeal to require firefighters and policemen to be represented by same union; fragmentation claim invalidated. International Association of Firefighters L-2287 v. City of Montpelier, 332 A.2d 795 (Vt. 1975).
     Oklahoma Supreme Court cuts intended powers from firefighters bargaining act; modified injunction stands. City of Midwest City v. Cravens, (Okla. St. Firefighters Assn., amicus curiae) 532 P.2d 829 (Okla. 1975).
     State labor relations commissions rule on various employment practices and bargaining relationships. City of New London and IAFF Local 1522, CBLR Case MPP-2794, Decis. #1307 (1975); City of New York and Unif. Fire Officers Assn., Decis. #B-22-75, Docket #BCB 220A-75 (1975).
     Captains and Lieutenants, discussed in City of Davenport and Assn. of Prof. Fire Fighters, Iowa PERB Case #27.
     Exclusions as Representatives: City of New Rochelle and Unif. Fire Fighters Assn. L-273, N.Y. PERB Cases U-1709 and U-1786 (1975).

     See also: Pay Parity; Union Activities.