International Ass'n of Firefighters Local No. 2287, Montpelier v. City of Montpelier, AFL-CIO

Docket Nº146-74
Citation133 Vt. 175, 332 A.2d 795
Case DateFebruary 04, 1975
CourtUnited States State Supreme Court of Vermont

Page 795

332 A.2d 795
133 Vt. 175, 88 L.R.R.M. (BNA) 3235,
76 Lab.Cas. P 53,616
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL #2287,
MONTPELIER, Vermont
v.
CITY OF MONTPELIER, Vermont.
AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, AFL-CIO
v.
CITY OF MONTPELIER, Vermont.
Nos. 30-74, 146-74.
Supreme Court of Vermont.
Feb. 4, 1975.

[133 Vt. 176] Cornelius O. Granai, Barre, for Intern Ass'n of Firefighters.

Edward J. Carroll of Thomas & Alexander, Bulington, for American Federation of State, County and Mun. Employees.

Page 796

McKee, Clewley & FitzPatrick, Montpelier, for defendant.

Before [133 Vt. 175] BARNEY, C. J., and SMITH, KEYSER, DALEY and LARROW, JJ.

[133 Vt. 176] LARROW, Justice.

In two appeals, argued together by agreement, the appellant City of Montpelier claims error by the State Labor Relations Board in its certification, after appropriate elections, of the respective plaintiffs as exclusive collectible bargaining units. By its order of May 1, 1974, the Board, acting under 21 V.S.A. § 1724, certified the International Association of Firefighters, Local No. 2287, (hereinafter called Firefighters) as the bargaining agent of the Assistant Chiefs, Captains and Firefighters of the Montpelier Fire Department, and on the same date, by similar order, certified American Federation of State, County and Municipal Employees, AFL-CIO, (AFSCME) as the bargaining unit of the permanent patrolmen and dispatchers of the Montpelier Police Department. The firefighters' unit includes 15 employees, the police unit six. These orders are appealed by the City on a common ground, raised below in each case. No question is here presented as to the membership in each unit, but, as it did below, the City urges that certification of the two units creates an overfragmentation of units, in violation of one of the criteria set out in 21 V.S.A. § 1724(c)(2).

The statute here involved, 21 V.S.A. § 1724(c) reads in its material portion as follows:

(c) In determining whether a question of representation exists, the board shall take into consideration the following criteria: . . ..

(2) Whether overfragmentation of units will result from certification to a degree which is likely to produce an adverse effect on the effective representation of other employees of the muncipal employer or upon the effective operation of the municipal employer.

[133 Vt. 177] In the AFSCME case, the Board found that there was no evidence from which it could conclude that designation of the bargaining unit would produce...

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21 practice notes
  • Quaker Oats Co. v. Cedar Rapids Human Rights Commission, No. 60346
    • United States
    • United States State Supreme Court of Iowa
    • July 26, 1978
    ...v. Daniels, 137 Ga.App. 706, 224 S.E.2d 820 (1976); International Ass'n of Firefighters, Local 2287, Montpelier v. City of Montpelier, 133 Vt. 175, 332 A.2d Page 868 795 (1975); Clary v. National Friction Products, Inc., 259 Ind. 581, 290 N.E.2d 53, 55 (Ind.1972); Hancock Bank v. Gaddy, 328......
  • Sondergeld v. Town of Hubbardton, No. 87-267
    • United States
    • Vermont United States State Supreme Court of Vermont
    • October 28, 1988
    ...(1980); In re Young, 134 Vt. 569, 570, 367 A.2d 665, 666 (1976); International Ass'n of Firefighters Local # 2287 v. City of Montpelier, 133 Vt. 175, 178, 332 A.2d 795, 797 (1975). And where warranted by the evidence, an administrative board's findings are conclusively binding on this Court......
  • Agency of Administration, State Bldgs. Division, In re, No. 398-80
    • United States
    • Vermont United States State Supreme Court of Vermont
    • March 25, 1982
    ...In re Young, 134 Vt. 569, 570, 367 A.2d 665, 666 (1976); International Association of Firefighters Local # 2287 v. City of Montpelier, 133 Vt. 175, 178, 332 A.2d 795, 797 (1975), and we have no wish to repudiate that position Where warranted by the evidence, an administrative board's findin......
  • State Dept. of Taxes v. Tri-State Indus. Laundries, Inc., TRI-STATE
    • United States
    • Vermont United States State Supreme Court of Vermont
    • April 10, 1980
    ...134 Vt. 569, 570-71, 367 A.2d 665, 666 (1976) (per curiam); International Association of Firefighters Local # 2287 v. City of Montpelier, 133 Vt. 175, 178, 332 A.2d 795, 797 (1975); K. Davis, Administrative Law Text § 11.06 (3d ed. 1972). Therefore, judicial review of agency findings is ord......
  • Request a trial to view additional results
21 cases
  • Quaker Oats Co. v. Cedar Rapids Human Rights Commission, No. 60346
    • United States
    • United States State Supreme Court of Iowa
    • July 26, 1978
    ...v. Daniels, 137 Ga.App. 706, 224 S.E.2d 820 (1976); International Ass'n of Firefighters, Local 2287, Montpelier v. City of Montpelier, 133 Vt. 175, 332 A.2d Page 868 795 (1975); Clary v. National Friction Products, Inc., 259 Ind. 581, 290 N.E.2d 53, 55 (Ind.1972); Hancock Bank v. Gaddy, 328......
  • Sondergeld v. Town of Hubbardton, No. 87-267
    • United States
    • Vermont United States State Supreme Court of Vermont
    • October 28, 1988
    ...(1980); In re Young, 134 Vt. 569, 570, 367 A.2d 665, 666 (1976); International Ass'n of Firefighters Local # 2287 v. City of Montpelier, 133 Vt. 175, 178, 332 A.2d 795, 797 (1975). And where warranted by the evidence, an administrative board's findings are conclusively binding on this Court......
  • Agency of Administration, State Bldgs. Division, In re, No. 398-80
    • United States
    • Vermont United States State Supreme Court of Vermont
    • March 25, 1982
    ...In re Young, 134 Vt. 569, 570, 367 A.2d 665, 666 (1976); International Association of Firefighters Local # 2287 v. City of Montpelier, 133 Vt. 175, 178, 332 A.2d 795, 797 (1975), and we have no wish to repudiate that position Where warranted by the evidence, an administrative board's findin......
  • State Dept. of Taxes v. Tri-State Indus. Laundries, Inc., TRI-STATE
    • United States
    • Vermont United States State Supreme Court of Vermont
    • April 10, 1980
    ...134 Vt. 569, 570-71, 367 A.2d 665, 666 (1976) (per curiam); International Association of Firefighters Local # 2287 v. City of Montpelier, 133 Vt. 175, 178, 332 A.2d 795, 797 (1975); K. Davis, Administrative Law Text § 11.06 (3d ed. 1972). Therefore, judicial review of agency findings is ord......
  • Request a trial to view additional results

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