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CITY OF DAVENPORT v. PUB. EMP. REL. BD.

No. 59399.

264 N.W.2d 307 (1978)

CITY OF DAVENPORT, Iowa, a Municipal Corporation, Appellant, v. PUBLIC EMPLOYMENT RELATIONS BOARD, an agency of the State of Iowa, Appellee, v. DAVENPORT ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, Intervenor-Appellee.

Supreme Court of Iowa.

March 22, 1978.

Attorney(s) appearing for the Case

William B. Waterman, Davenport, for appellant.

Marie Condon and John L. Ayers, Des Moines, for appellee PER Bd.

Harry Smith of Smith & Smith, Sioux City, and J. Hobart Darbyshire of Carlin & Darbyshire, Davenport, for intervenor-appellee.

Considered en banc.

McCORMICK, Justice.

In this case of first impression in Iowa we must decide whether the trial court erred in affirming an order of the Public Employment Relations Board (PER Board) placing line captains and lieutenants in the bargaining unit of the City of Davenport fire department. The City contends the captains and lieutenants should be barred from the bargaining unit because they are supervisory employees. The PER Board ruled they are not supervisory employees...

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