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H.O. No. 81-10
Synopsis:
In a Clarification of Unit Petition filed by Council #73, AFSCME, a Hearing Officer of the Public Employment Relations Commission recommends that the Warren Township Planning Board is not a public employer within the meaning of the Act, and that the Township of Warren is the public employer of the Secretary to the Board/Planning Board Clerk. The Hearing Officer found that the disputed title was not a supervisor, confidential, or managerial executive employee within the meaning of the Act.
However, the Hearing Officer recommended that the instant petition be dismissed based upon procedural grounds. Relying upon the Commission decision in In re Wayne Board of Education, D.R. No. 80-6, 5 NJPER 422 (¶10221 1979), affd. P.E.R.C. No. 80-94, 6 NJPER 54 (¶11028 1980), the Hearing Officer found that a question concerning representation existed which could not be resolved through a CU proceeding.
A Hearing Officer's Report and Recommendations is not a final administrative determination of the Public Employment Relations Commission. The report is submitted to the Director of Representation who reviews the Report, any exceptions thereto filed by the parties and the record, and issues a decision which may adopt, reject or modify the Hearing Officer's findings of fact and/or conclusions of law. The Director's decision is binding upon the parties unless a request for review is filed before the Commission.
PERC Citation:
H.O. No. 81-10, 7 NJPER 56 (¶12023 1981)
Appellate History:
Additional:
Miscellaneous:
NJPER Index:
36.112
Issues:
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