D.R. No. 77-14

Synopsis:

The Director of Representation Proceedings determines that a unit of superior officers at the Essex County Jail, consisting of sergeants, lieutenants, and captains, is an appropriate unit for collective negotiations and directs a secret ballot election among the superior officers to determine whether they desire that Petitioner represent them. Affirming the findings of a Hearing Officer, the Director finds that a substantial actual and potential conflict of interest exists between the superior officers and other correction officers which warrants that superior officers and correction officers no longer be included in one unit. The Director excludes the deputy wardens from the unit determined to be appropriate insofar as there is also a substantial actual and potential conflict of interest between the deputy wardens and the superior officers. In view of this finding, the Director does not consider the argument raised by the County that the deputy wardens are either confidential employees or managerial executives.

PERC Citation:

D.R. No. 77-14, 3 NJPER 97 (1977)

Appellate History:

Additional:

Miscellaneous:

NJPER Index:

437.30 437.50 530.25 435.36

Issues:

Decisions	WordPerfect	PDF
NJ PERC:	.	- DR 77-014.pdf
Appellate Division:
Supreme Court:

D.R. NO. 77-14 1. D.R. NO. 77-14 STATE OF NEW JERSEY PUBLIC EMPLOYMENT RELATIONS COMMISSION BEFORE THE DIRECTOR OF REPRESENTATION In the Matter of ESSEX COUNTY BOARD OF CHOSEN FREEHOLDERS, Public Employer, -and- Docket No. RO-76-42 SUPERIOR OFFICERS ASSOCIATION OF THE ESSEX COUNTY JAIL, Petitioner. Appearances: For the Public Employer Goldberger, Siegel & Finn, Esqs. (Mr. Howard A. Goldberger, of Counsel) For the Petitioner Schwartz, Field & D = Alessio, Esqs. (Mr. Michael D = Alessio, of Counsel) DECISION AND DIRECTION OF ELECTION Pursuant to a Notice of Hearing to resolve a question concerning the representation of certain employees of the Essex County Board of Chosen Freeholders, a hearing was held before J. Sheldon Cohen on April 6, 1976 and April 23, 1976 in Newark, New Jersey. At the hearing all parties were given an opportunity to examine and cross-examine witnesses, to present evidence, and to argue orally. No post-hearing briefs were submitted although Petitioner submitted a pre-hearing memorandum of law. Thereafter, the Hearing Officer issued his Report and Recommendations on August 12, 1976. A copy is annexed hereto and made a part hereof. No exceptions to the Hearing Officer = s Report have been filed. The undersigned has considered the entire record and the Hearing Officer = s Report and Recommendations and, on the facts in this case, finds: 1. The Essex County Board of Chosen Freeholders is a Public Employer within the meaning of the New Jersey Employer- Employee Relations Act (the A Act @ ), as amended, and is subject to its provisions. 2. The Superior Officers Association of the Essex County Jail is an employee representative within the meaning of the Act and is subject to its provisions. 3. The Public Employer having refused to recognize Petitioner as the exclusive representative of certain employees, a question concerning the representation of public employees exists and the matter is appropriately before the undersigned for determination. 4. Petitioner seeks to represent all County Correction Officers employed at the Essex County Jail in the titles of County Correction Sergeants, Lieutenants, Captains and Deputy Wardens, asserting that they are all supervisors and constitute an appropriate unit. Currently all correction officers, including the petitioned-for employees are represented as a unit by the Patrolmen = s Benevolent Association, Local 153. The Hearing Officer found that the superior officers (captains, lieutenants, and sergeants), though not supervisors within the meaning of the Act, have a substantial actual and potential conflict of interest with the remaining correction officers, thus barring their inclusion in the same unit. He further found that the deputy wardens have a conflict of interest with both the superior officers and other correction officers. The Hearing Officer recommended that an election be directed for a unit of superior officers to determine whether these employees desire to be represented for the purposes of collective negotiations by the Petitioner. The undersigned, pursuant to an independent review of the record, and noting the absence of any exceptions to the Hearing Officer = s Report and Recommendations, adopts the Hearing Officer = s findings and conclusions that the actual and potential conflict of interest reflected herein are of such substantial nature as to warrant that superior officers neither be included in a negotiations unit with non-superior personnel nor with deputy wardens.1/ This conflict precludes continued representation of superior officers in a unit with non-superior officers notwithstanding their past negotiations history. See also In re Essex County Board of Freeholders (corrections center), D.R. No. 77-13, 3 NJPER ___ (1977), issued this day. 5. Accordingly, the undersigned shall direct an election in the following unit: A All County Correction Captains, Lieutenants, and Sergeants employed by the Essex County Board of Chosen Freeholders at the Essex County Jail but excluding the Warden, Deputy Warden, County Correction Officers, non-police employees, managerial executives, confidential employees, professional employees, craft employees and all other employees. @ 6. The undersigned directs that a secret ballot election be conducted in the unit found appropriate. The election shall be conducted no later than thirty (30) days from the date set forth below. Those eligible to vote are employees set forth above who were employed during the payroll period immediately preceding the date below, including employees who did not work during that period because they were out ill, or on vacation, or temporarily laid off, including those in military service. Employees must appear in person at the polls in order to be eligible to vote. Ineligible to vote are employees who quit or were discharged for cause since the designated payroll period and who have not been rehired or reinstated before the election date. Pursuant to Rule Section 19:11-2.7 the public employer is directed to file with the undersigned an election eligibility list, consisting of an alphabetical listing of the names of all eligible voters together with their last known mailing addresses and job titles. Such list must be received no later than ten (10) days prior to the date of the election. The undersigned shall make the eligibility list immediately available to all parties to the election. Failure to comply with the foregoing shall be grounds for setting aside the election upon the filing of proper post-election objections pursuant to the Commission = s Rules. Those eligible to vote shall vote on whether or not they desire to be represented for the purposes of collective negotiations by Superior Officers Association of the Essex County Jail. The majority representative shall be determined by a majority of the valid ballots cast. The election directed herein shall be conducted in accordance with the provisions of the Commission = s Rules and Regulations and Statement of Procedure. BY ORDER OF THE DIRECTOR OF REPRESENTATION PROCEEDINGS /s/Carl Kurtzman, Director Representation Proceedings DATED: March 16, 1977 Trenton, New Jersey 1/ Due to the determination that there is a conflict of interest between deputy wardens and superior officers, the undersigned deems it unnecessary to consider the Hearing Officer = s conclusion that deputy wardens are not managerial executives or confidential employees. ***** End of DR 77-14 *****