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October 06, 2018

Placing supervisors and subordinates in the same negotiating unit

Placing supervisors and subordinates in the same negotiating unit
CSEA and Genesee County, 29 PERB 3068

Is there any prohibition to mixing supervisors and the rank-and-file employees they supervise in the same negotiating unit? No, PERB ruled in the Genesee County case, which involved a petition to place ten  head nurses and supervising nurses in separate negotiating units rather than include them in the same unit as  200 non supervisory nurses.

PERB, noting that it had declined to establish a per se supervisory exclusionary rule, said "tensions, real or imagined, stemming from supervisor-subordinate relationships are not entitled to more weight in making a unit determination than any other of the myriad sources of workplace strain which can affect employees."

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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
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