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City of Providence School Dep't v. Rhode Island State Labor Relations Board6/20/2005
DECISION
This case comes before the Court on appeal from a decision of the Rhode Island State Labor Relations Board ("Board"), finding that substitute clerks who work more than sixteen weeks in a year for the City of Providence School Department ("Providence" or "School Department") may form a collective bargaining unit. Jurisdiction is pursuant to G.L. 1956 § 42-35-15.
FACTS AND TRAVEL
The Rhode Island Council 94, AFSCME, AFL-CIO ("Union") filed a petition on September 12, 2002, to represent Providence's substitute clerks. A substantial number of the substitute clerks showed interest in being represented by the Union.
At a formal hearing on January 23, 2003, before the Rhode Island State Labor Relations Board, the Union presented four substitute clerks as witnesses. The witnesses testified that the substitute clerks work similar hours (Tr. at 9, 37, 44, 51), performed similar office tasks (Tr. at 8-9, 37, 43, 50), and worked in similar office environments. (Tr. at 11, 44.) All substitute clerks receive the same pay at $7.65 per hour with no benefits. (Tr. at 38.) Additionally, they all work under the supervision of Charlene Villa, the chief clerk who is in the human resources department. (Tr. at 13, 19, 36, 47, 53, 70-71.) The Union also demonstrated, through documentary evidence, as well as witness testimony, that many substitute clerks work for a large portion of the year, not just on short-term assignments. (Union Brief to Board, Appendix B.) In fact, many have worked continuously for several years in the Providence School Department. (Tr. at 8, 35, 43, 50.)
The School Department presented the senior executive director of human resources, Don Zimmerman, who testified concerning the nature of the substitute clerks' employment. (Tr. at 64.) He testified that the School Department uses employees called "substitute clerks" for three purposes:
1) Special Projects -- These temporary assignments are very specific and definite, such as a six month project to update files. At the end of the task, the employment ends. (Tr. at 66.)
2) Vacancies -- The substitute clerks fill job openings during the posting, bidding, and recruitment process. Vacancies vary in length. (Tr. at 66-67.)
3) Absences -- The substitute clerks cover regular employees' absences, whether short term for an illness, or longer for maternity or injury. Although these assignments vary in length depending on the type of absence, many last for a significant length of time. (Tr. at 68.)
The Board distinguished between substitute clerks who work shorter periods of time, less than an aggregate sixteen weeks in one year, and those who work long-term, though in different assignments. The Board accordingly found that the substitute clerks who work more than sixteen weeks in the year are not "casual employees" per G.L. 1956 § 28-9.4-2(b)(5) and therefore that they are not excluded from collective bargaining. The Board also concluded that the substitute clerks share a sufficient community of interest to form a bargaining unit.
After the conclusion of the hearing, an election for representation was conducted and resulted in the Union's favor. The Board certified the election results on June 19, 2003. Providence filed its timely appeal of the Board's decision before this Court on July 18, 2003.
STANDARD OF REVIEW
Rhode Island General Laws § 42-35-15(g) limits the scope of judicial review of agency actions as follows:
"The court shall not substitute its judgment for that of the agency as to the weight of the evidence on questions of fact. The court may affirm the decision of the agency or
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