D.R. NO. 78-12 1.
D.R. NO. 78-12
STATE OF NEW JERSEY
PUBLIC EMPLOYMENT RELATIONS COMMISSION
BEFORE THE DIRECTOR OF REPRESENTATION
In the Matter of
MATAWAN REGIONAL SCHOOL DISTRICT
BOARD OF EDUCATION,
Public Employer-Petitioner,
-and- Docket Nos. RE-77-8
and RE-77-9
MATAWAN REGIONAL TEACHERS
ASSOCIATION,
Employee Representative,
-and-
LOCAL 11, INTERNATIONAL BROTHERHOOD
OF TEAMSTERS,
Employee Representative.
Appearances:
For the Board of Education, Gerald L. Dorf, P.A.
(Mr. Richard M. Salsberg, of Counsel)
For the M.R.T.A., Emil Oxfeld, Esq.
For Local 11, Messrs. Schneider, Cohen & Solomon, Esqs.
(Mr. Bruce Brafman, of Counsel)
DECISION
On June 21, 1977, the Matawan Regional School District Board of Education (the A Board @ ) filed two Petitions for Certification of Public Employee Representative with the Public Employment Relations Commission (the A Commission @ ) raising questions as to the majority status of the exclusive negotiations representative of employees in units consisting of Custodial and Maintenance Staff (Docket No. RE-77-8) and Bus Drivers (Docket No. RE-77-9). The Board stated in its Petitions that the current A majority @ (i.e. exclusive) representative of both units was the International Brotherhood of Teamsters, Local #11 ( A Local 11") and that the current contracts covering the employees in the units would both expire June 30, 1977. The Board listed the Matawan Regional Teachers Association (the A Association @ ) as an employee organization which claimed to represent the employees in the above-described units. The Board seeks secret ballot elections in which employees in the units would resolve the question concerning representation.
N.J.A.C. 19:11-2.8(c)(3) (formerly, N.J.A.C. 19:11- 1.15(c)(3)) precludes the filing of a Petition for Certification of Employee Representative during the existence of a negotiations agreement except when filed between September 1 and October 15 within the last twelve months of the agreement. Therefore, in accordance with the Commission = s Rules it appears that the instant petitions have not been timely filed.1/
Accordingly, in the absence of a request for withdrawal, the instant Petitions are hereby, pursuant to N.J.A.C. 19:11-2.3, dismissed.
BY ORDER OF THE DIRECTOR
OF REPRESENTATION
/s/Carl Kurtzman, Director
of Representation
DATED: September 8, 1977
Trenton, New Jersey
1/ For a more complete discussion as to these matters and other companion matters, see In re Matawan Regional School District Bd. of Ed., D.R. No. 78-11, 3 NJPER ___ (1977), issued this day.
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