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D.R. No. 81-11

Synopsis:

The Director of Representation adopting the findings and conclusions of a Hearing Officer, clarifies the composition of a collective negotiations unit of teaching personnel to include "English as a Second Language" teachers. The Director agrees with the Hearing Officer that prior to the creation of the "English as a Second Language" teacher position, the parties had expanded the unit definition to include part-time teachers. The Director finds that the "English as a Second Language" teachers are accreted to the unit effective with his determination.

PERC Citation:

D.R. No. 81-11, 6 NJPER 527 (¶11268 1980)

Appellate History:



Additional:



Miscellaneous:



NJPER Index:

16.43 33.335 33.343

Issues:

    DecisionsWordPerfectPDF
    NJ PERC:.DR 81-011.wpdDR 81-011.pdf - DR 81-011.pdf
    Appellate Division:
    Supreme Court:


    D.R. NO. 81-11 1.
    D.R. NO. 81-11
    STATE OF NEW JERSEY
    PUBLIC EMPLOYMENT RELATIONS COMMISSION
    BEFORE THE DIRECTOR OF REPRESENTATION

    In the Matter of

    PISCATAWAY TOWNSHIP BOARD OF
    EDUCATION,

    Public Employer,

    -and- Docket NO. CU-78-42

    PISCATAWAY TOWNSHIP EDUCATION
    ASSOCIATION,

    Petitioner.

    Appearances:

    For the Public Employer,
    Rubin, Lerner & Rubin, attorneys
    (David B. Rubin of counsel)

    For the Petitioner,
    Rothbard, Harris & Oxfeld, attorneys
    (Sanford R. Oxfeld of counsel)
    DECISION

    On March 21, 1978, a Clarification of Unit Petition was filed with the Public Employment Relations Commission (the A Commission @ ) by the Piscataway Township Education Association (the A Association @ ) raising a question concerning the composition of a collective negotiations unit represented by the Association. The Association states that teachers in the title of A English as Second Language Teachers @ ( A E.S.L. teachers @ ) are classroom teachers and are included in its unit of nonsupervisory professional personnel. The Piscataway Township Board of Education (the A Board @ ) argues that E.S.L. teachers are not included in the unit because they are hourly employees and because they do not share a community of interest with unit employees.
    Pursuant to a Notice of Hearing, a hearing was held before Commission Hearing Officer Joan Kane Josephson on February 5, 1980, at which all parties were afforded the opportunity to examine and cross-examine witnesses, to present evidence, and to argue orally. Post-hearing letter memorandum were filed by both parties. The Hearing Officer submitted her Report and Recommendations on July 6, 1980. No exceptions to the Hearing Officer = s Report have been filed.
    The undersigned has considered the entire record herein, including the Hearing Officer = s Report and Recommendations and the transcript, and on the basis thereof, finds and determines as follows:
    1. The Piscataway Township Board of Education is a public employer within the meaning of the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-1 et seq. (the A Act @ ), is the employer of the employees who are the subject of the Petition, and is subject to the provisions of the Act.
    2. The Piscataway Township Education Association is an employee representative within the meaning of the Act and is subject to its provisions.
    3. The Association has filed a Petition for Clarification of Unit seeking a determination the E.S.L. teachers are identified within the term A classroom teachers, @ which classification is contained in the recognition clause of the parties = contractual agreement. The Board disputes this assertion and argues that E.S.L teachers do not share a community of interest with unit personnel.
    Accordingly, there is a question concerning the composition of a collective negotiations unit and the matter is properly before the undersigned for determination.
    The Hearing Officer found that the Association has been the majority representative for classroom teachers and other professional employees before and after 1968, and that the recognition clause of the 1970-71, 1971-73, and 1973-75 agreement included only full time employees. The 1975-78 contractual recognition clause, however, eliminated the words A full time @ and covered all nonsupervisory personnel, as listed. The Hearing Officer concluded that the purpose of this change was to include part-time positions under the contract. The Hearing Officer further found that the position of E.S.L. teacher was a new title created in the 1977-78 school year and after the execution of the parties = contract.1/
    The undersigned concludes, in agreement with the Hearing Officer, that the petitioned-for employees are included in the unit. E.S.L. teachers teach English to students whose native language is other than English. The teachers report directly to the building principals in the school to which they are assigned, and are under the jurisdiction of the administrative assistant to the Superintendent. They receive an informal evaluation by the building principals and the administrative assistant to the Superintendent. They are regular part-time teachers in that they teach a specified number of hours each week throughout the school year, and are paid on an hourly basis. There are certified professional teachers in other Board remedial programs who are included in the unit.
    The undersigned therefore adopts the hearing Officer = s recommendation that E.S.L. teachers are unit employees. Since they occupy a newly created title, such clarification is effective immediately.2/



    BY ORDER OF THE DIRECTOR
    OF REPRESENTATION


    _________________________
    Carl Kurtzman, Director

    DATED: October 3, 1980
    Trenton, New Jersey

    1/ A clarification of unit proceeding is appropriate for the purposes of identifying whether a newly created title is identified within the definitional scope of a collective negotiations unit. See, In re Clearview Regional High School Bd. of Ed., D.R. No. 78-2, 3 NJPER 248 (1977).
      2/ In re Clearview Regional High School Bd. of Ed., supra, n.1
    ***** End of DR 81-11 *****