STATE OF CONNECTICUT

LABOR DEPARTMENT

CONNECTICUT STATE BOARD OF LABOR RELATIONS

INTHEMATI’EROF
NORWALK BOARD OF EDUCATION
DECISION NO. 3406
-and-
JUNE 7, 1996
LOCAL 1042, COUNCIL 4,
AFSCME, AFL-CIO

Case No. MPP-16,157

APPEARANCES:

Attorney Elizabeth A. Foley,

For the Board of Education

Attorney J. William Gagne, Jr.,

For the Union

DECISION AND DISMISSAL OF COMPLAINT

On or about February 7, 1994, Local 1042, Council 4, AFSCME, AFL-CIO (the

Union) ftied a complaint with the Connecticut State Board of Labor Relations (the Labor
Board) alleging that the Norwalk Board of Education (the School Board) had engaged in
practices prohibited by 0 7-470 of the Municipal Employee Relations Act (MERA or the
Act). Specifically, the Union alleged that the School Board had introduced a new job
description for employee Charles Klepacky and that the introduction of this alleged revision
violated the Act.

After the preliminary administrative steps had been taken, the matter came before the
Labor Board for a hearing on January 22, 1996. Both parties appeared, were represented
and allowed to present evidence and examine and cross-examine witnesses. Both parties filed
briefs, the last of which was received by the Labor Board on April 20, 1996. Based on the
whole record before us, we make the following findings of fact and conclusions of law and
we dismiss the complaint.
 FINDINGS OF FACT

1. The School Board is an employer within the meaning of the Act.

2 . The Union is an employee organization within the meaning of the Act and at all times
material to this proceeding has been the exclusive statutory bargaining representative for a
unit of custodial and maintenance employees of the School Board.

3 . The School Board and Union are parties to a collective bargaining agreement with
effective dates of July 1, 1992 to June 30, 1997.

4 . Charles Klepacky has been employed as Coordinator of Plant Operations and

Maintenance for the Board of Education from 1986 to the present. The position of
Coordinator of Plant Operations and Maintenance is not within the collective bargaining unit
represented by the Union.

5 . When Klepaclq applied for the position in 1986, he was given a “Job Announcement”
listing the duties and responsibilities of the position. (Ex. 5)

6 . In 1988, Klepacky was given a “Position Definition” prepared by non-Board of

Education personnel. (Ex. 2). In pertinent part, the Position Definition provides that the
incumbent “will take action to correct safety or maintenance problems”. The Union received
a copy of the Position Definition in 1988.

7 . On or about November 23, 1993, the Union filed a complaint in Case Number
MPP-15,988 alleging in part that Klepacky was performing bargaining unit work.

8 . In or about January, 1994, an informal Labor Board conference was held in Norwalk
with representatives of the Board of Education and the Union regarding MPP-15,988. The
Union claims that, at that conference, representatives of the Labor Board shared with
representatives of the Union a new and modified position description for Klepacky, allegedly
provided by representatives of the Board of Education. The Union claims that the new
position description assigned bargaining unit work to Klepacky, to wit, control over the
heating systems for the schools.

9 . MPP-15,988 has not yet been decided by the Labor Board.

10. Neither party in the instant matter produced a modified job description nor did the Union
request a subpoena from the Labor Board demanding production of such a document. The
Labor Board administrative file in Case No. MPP-15,988 does not contain the alleged
document.

11. The School Board represents that a revised job description does not exist.

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 CONCLUSIONS OF LAW

1. Absent a valid defense, the unilateral assignment of bargaining unit work to non-
bargaining unit personnel is a violation of the Act.

2. There is no conclusive evidence that Klepacky’s position description was changed.

DISCUSSION

Union witnesses testified in the instant hearing held on January 22, 1996, that, at an
informal Labor Board conference held in January, 1994 regarding MPP-15,988, they were
shown a position description for Charles Klepacky, which modified the 1988 position
description the Union previously received in 1988. This modification allegedly gave
“bargaining unit” work to Mr. Klepaclq. Shortly after seeing this alleged modification, the
Union filed the instant prohibited practice complaint, which is restricted solely to the issue of
the changed job description. (Case Number MPP-15,988 deals with Klepacky actually
performing bargaining unit work). The Employer and Klepacky aver that there was no such
modification; none was found in the Labor Board’s files, and despite the fact that the
modified job description was central to the Union’s proof in this matter, the modified job
description was not subpoenaed by the Union. The Union has not provided a changed job
description and, simply put, there is no evidence that the modified job description exists.

The litigation of this matter is an abuse of the Board’s processes and further instances of
this nature by the complaining party will lead to appropriate financial assessments.

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 By virtue of and pursuant to the power vested in the Connecticut State Board of Labor
Relations by the Municipal Employee Relations Act, it is hereby ORDERED that the
Complaint filed herein be, and the same hereby is, DISMISSED.

CONNECTICUT STATE BOARD OF LABOR RELATIONS

s/John H. Sauter
John H. Sauter,
Chairman

s/Richard M. McCostis
Richard M. McCostis,
Alternate Board Member

slWendella A. Battev
Wendella A. Battey,
Alternate Board Member

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CERTIFICATION

I hereby certify that a copy of the foregoing was mailed postage prepaid this 7th day of
June, 1996 to the following:

Attorney Nat Brown

Attorney Elizabeth A. Foley
Sullivan, Schoen, Capane & Connon
646 Prospect Avenue
Hartford, Connecticut 061054286

Attorney J. William Gagne, Jr.

Gagne & Associates
1260 Silas Deane Highway
Wethersfield, Connecticut 06109

Attorney Susan Creamer

Council 4, AFSCME, AFL-CIO
444 East Main Street
New Britain, Connecticut 06051

Donna Johnson, Staff Representative

Council 4, AFSCME, AFL-CIO
444 East Main Street
New Britain, Connecticut 06051

Dr. Ralph E. Sloan, Superintendent of Schools

Norwalk Board of Education
125 East Avenue
Norwalk, Connecticut 068526001

Dr. Michael L. Muro, Assistant Superintendent of Schools

Norwalk Board of Education
125 East Avenue
Norwalk, Connecticut 068526001
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John Mosby, President, Local 1042
15 Adamson Avenue
south Norwalk, COMCCtiCUt 06854

John W. Kingston
Agent
Connecticut State Board of Labor Relations