STATE OF CONNECTICUT

LABOR DEPARTMENT

CONNECTICUT STATE BOARD OF LABOR RELATIONS

IN THE MATTER OF
CITY OF BRIDGEPORT
DECISION NO. 3487
-and-
MARCH 27,1997
LOCAL 1303, AMERICAN FEDERATION
OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES, COUNCIL 4, AFL-CIO

Case No. ME-17,387

APEARANCES:

Mayor Joseph P. Ganim

For the City

Attorney J. William Gagne, Jr.

For the Union

DECISION ON OBJECTIONS TO AGENT’S RECOMMENDATION OF DISMISSAL

AND DISMISSAL OF PETITION

On July 12,1995, Local 1303 of Council 4, AFSCME , AFL-CIO (the Union) filed a
petition with the Connecticut State Board of Labor Relations (Labor Board) alleging that a case
or controversy had arisen concerning the representation of all employees working in the City of
Bridgeport’s (the City), Office of Labor Relations. Specifically, the petition sought to have the
Labor Board designate the Union as the exclusive bargaining representative for a unit consisting
of Labor Relations Officers and Secretaries.

On November 25,1996, Board Agent, John W. Kingston recommended dismissal of the

instant petition based upon the investigative report of the Assistant Agent, Katherine C. Foley.
In her report, Ms. Foley found that what the unit sought was inappropriate because the entire
group of employees working in the City’s Labor Relations Office were confidential employees.

On December 4, 1996, the Union objected to the Agent’s dismissal of the petition and
filed a brief in support of the objection.
 We have long held the view that individuals who handle personnel and labor relations
matters are excluded from bargaining units because of their confidential nature. Hartford
Housing Authority, Decision No. 1932 (1980).

The confidentiality must pertain to collective bargaining. The fact that an

employee must observe confidence for some other purpose (e.g. professional
confidence with respect to a patient’s or a client’s communications) does not
justify his exclusion. See., e.g., Stratford Bd. of Ed., Case No. ME-l 571, Dec.
No. 760 (1967) and case cited.

The purpose of the exclusion is two-fold: to protect the employee from being put
in a position of conflicting interests, and to safeguard the employer’s confidential
communications from the temptation of disclosure generated by that conflict of
interest.

In this case, the Union argues that the proposed unit, while it presently handles all labor
relations matters, only handles matters that concern other collective bargaining units. Moreover,
the proposed unit is small and the Labor Relations Director would be able to handle any labor
relations matter concerning the members of this unit. Therefore, the petition should not be
dismissed and an election should be ordered by the Board.

The Union’s argument is disingenuous. The record reveals that these individuals handle
all collective bargaining matters for the City. As such they are confidential employees. We have
previously stated that a unit of confidential employees is not an appropriate unit. Norwich
Board of Education, Decision No. 2250 (1983). We see no reason to depart from that view here.
In the present case, the employees in dispute have access to financial information that other
employees do not have available to them. In addition, these employees are privy to the
employer’s negotiation strategy and management philosophy. Clearly, a conflict of interest exists
and the only way to preserve the employer’s confidential communication is to preclude these
employees from forming a collective bargaining unit.

DISMISSAL OF PETITION

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 petition filed by Local 1303 in Case No. ME- 17,387 be and the
same hereby is DISMISSED.

2
,

CONNECTICUT STATE BOARD OF LABOR RELATIONS

s/John H. Sauter
John H. Sauter
Chairman

s/C. Ravmond Grebey

C. Raymond Grebey
Board Member

s/Thomas G. Gutteridge
Thomas G. Gutteridge
Board Member
 CERTIFICATION

I hereby certify that a copy of the foregoing was mailed postage prepaid this 27th day of
March, 1997 to the following:

Joseph P. Ganim, Mayor

City of Bridgeport
City Hall, 45 Lyon Terrace
Bridgeport, Connecticut 06604

Attorney J. William Gagne, Jr.

Gagne & Associates
1260 Silas Deane Highway
Wethersfield, Connecticut 06 109

Dennis C. Murphy, Chief Administrative Officer

Office of Labor Relations
City Hall, 45 Lyon Terrace
Bridgeport, Connecticut 06604

Attorney Susan Creamer

Council 4, AFSCME, AFL-CIO
444 East Main Street
New Britain, Connecticut 0605 I

David Cooper, Staff Representative

Council 4, AFSCME, AFL-CIO
444 East Main Street
New Britain, Connecticut 0605 1

Paul Wallace, Staff Representative

Council 4, AFSCME, AFL-CIO
444 East Main Street
New Britain, Connecticut 0605 1

CM
I John W. Kingston, Agent
CONNECTICUT STATE BOARD OF LABOR RELATIONS