A state official has ordered an election to decide whether a new union will be created for 80 to 85 Mitchell city employees, but a dispute remains over which employees will be allowed to vote.
James Marsh, director of the state Department of Labor's Division of Labor and Management, issued a decision and order of election Dec. 29. The decision states which employees are eligible to vote in the election, and it says the election must be "scheduled promptly." So far, no election date has been scheduled.
Two days after the state issued its decision and order of election, Dennis Maloney, the Aberdeen lawyer hired to represent the city, responded with a letter asking the state to reconsider the list of eligible employees. Maloney and the city want more employees excluded.
Marsh said he does not yet know how the state will respond to Maloney's letter or when the election will be scheduled.
"We'll probably have to review this letter from Mr. Maloney's office before we set a date, so it's up in the air," Marsh said.
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Teri Bertness, the city's human resources director, said she expects the number of employees eligible to vote and potentially join the union will be between 80 and 85, depending on the state's response to the city's letter.
"There was some question," Bertness said, "with certain positions that were included and that we asked for reconsideration for."
At last count, the city had 179 full-time positions. Fifty-nine of the positions already are eligible for membership in existing unions. Those positions include 27 in the Police Division, nine in the Emergency Communications Division and 23 in the Fire Division.
Paul Aylward, a representative of the anonymous city employees who back the new union proposal, said he and the employees got what they wanted from the state's ruling.
"We basically agree with what the Department of Labor ruled," said Aylward, Huron-based executive director of the American Federation of State County and Municipal Employees Council 59. "They pretty much ruled in our favor."
The state ruling says that the "unit" -- the pool of employees allowed to vote on the union proposal -- shall consist of "all employees of the City of Mitchell excluding elected officials, supervisory employees, police officers, firefighters and seasonal employees.
"Supervisory employees include the Finance Officer, Deputy Finance Officer, Human Resource Director, HR/CP Assistant, Corn Palace Director, Concessions Supervisor, Library Director, Communications Supervisor, Golf/Cemetery Director, Golf/Cemetery Assistant Director, Park and Recreation Director, Field Operations Superintendent, Recreation Director (Playgrounds and Athletics), Rec Center Director, Public Works Director, City Planner/Safety Coordinator, Engineering Supervisor, Airport Manager, Water Superintendent, Utilities Superintendent, Street/Sanitation Superintendent, Street/Sanitation Assistant Superintendent, and the Solid Waste Disposal Manager."
