The FOP asserts that park rangers should be severed from the IUE unit because they perform police functions and should be considered police within the meaning of the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-5.3. IUE asserted that the appropriate unit is composed of all employees in the current unit and that park rangers are not police officers within the meaning of the Act. Monmouth County asserts that it and the Monmouth County Board of Recreation Commissioners are joint employers, that petitioner is unable to demonstrate any unstable relationship between its employees and those in the larger broad-based unit and that the proposed unit is not composed of police within the meaning of the Act.

On February 27, 1986, the Administrator of Representation issued a letter to all the parties tentatively finding that the County park rangers are not police employees within the meaning of the Act and that no basis exists for the severance of the employees from the unit of all non-supervisory blue and white collar employees. He tentatively concluded that he would dismiss the petition in the absence of additional statements of position and

documents demonstrating that the petition should be processed. On March 21, 1986, the FOP submitted a statement of position together with documents again asserting that the proposed unit is composed of police officers within the meaning of the Act.

On June 12, 1986, the Director of Representation issued a Notice of Hearing. After several adjournments, I conducted a hearing in this case on September 11 and October 6, 1986, at which the parties were given an opportunity to introduce evidence, examine and cross-examine witnesses and argue orally. Post-hearing briefs were submitted by January 15, 1987.

Based on the entire record, I make the following:

1. The public employer of the employees who are subject to this petition is the County of Monmouth and Monmouth County Board of Recreation Commissioners, a joint employer. Monmouth County and Monmouth County Board of Recreation Commissioners is a public employer within the meaning of the Act and is subject to its provisions.

2. Monmouth County Park Rangers, Lodge 105, FOP and IUE, Local 417 are employee representatives within the meaning of the Act and are subject to its provisions.

3. Park rangers are currently included in a unit of non-supervisory employees and white collar employees of the public employer.

4. Local 417 and the public employer are parties to a collective negotiations agreement running from January 1, 1986 to December 31, 1987, excluding park rangers during the pendency of this representation proceeding. The agreement covers a unit of all non-supervisory blue and white collar employees excluding park rangers.

5. Both Local 417 and the public employer object to an election among theses employees because the petition seeks to sever park rangers from the existing appropriate unit.

6. There is no issue of inadequate representation to be offered in the course of this hearing.

7. The County has other units of law enforcement officers. The corrections officers are in two units - one supervisory and one non-supervisory. Sheriffs officers employed by the County are also in two units - one supervisory the other non-supervisory. There is also a unit of juvenile detention officers. Their status as law enforcement officers is not an issue to be resolved at this proceeding.

I find the following:

8. The County Park Ranger job description states that the ranger

under direction in a county park which may include golf courses, swimming, boating, skating, historical nature, camping, interpretive sports and any other recreational facility serving the public, performs a variety of routine maintenance repair and cleaning tasks; they operate varied types of light equipment necessary to perform such tasks: assist with minor construction

projects; enforce the laws, rules and regulations governing the park system; does related work as required. (R-2).

The job description also lists examples of work including assisting in the repair, maintenance and construction of buildings and equipment, loading and unloading materials and supplies, sweeping of park walks and paths, cutting and raking grass and brush, fertilizing soil, trimming and pruning trees, maintaining washrooms and other facilities in sanitary conditions, patrolling a county park to protect the grounds, buildings, recreational facilities and other areas; enforcing the rules, regulations and laws related to the operations of the park areas, receiving complaints and making investigations on matters involving the protection of persons and public property, noting dangerous or unusual conditions which may effect the safety of persons in the park or park property and taking suitable action to rectify the condition, enforcing the park regulations, apprehending and taking into custody violators of the law, issuing summonses for minor infractions of the laws governing the park system, giving testimony in court concerning violations and mishaps and writing simple reports and keeping necessary files (R-2).

The senior county park ranger job description states that the senior ranger performs a variety of the more difficult or technical construction, maintenance repair and cleaning tasks, operating various types of light equipment and taking the lead over a small unit of county park rangers. The senior ranger also

enforces the laws, rules and regulations governing the park system and does related work as required. Any of the examples of work listed in the senior county park ranger job description are identical to those in the park ranger description. Like the former description, part of the requirements of the job include safeguarding buildings and grounds, issuing summonses, making arrests and prosecuting violators (R-1).

9. N.J.S.A. 40:12-6 is entitled, "Control of grounds; preservation of order; assistants." The statute provides:

The board of recreation commissioners shall have full control over all lands, playgrounds and recreation places acquired or leased under the provisions of sections 40:12-1 to 40:12-9 of this Title and may adopt suitable rules, regulations and the by-laws for the use thereof, and the conduct of all persons while on or using the same; and any person who shall violate any of such rules, regulations or by-laws shall be deemed and judged to be a disorderly person.

The custodians, supervisors and assistants appointed by the Board shall, while on duty and for the purpose of preserving order and the observance of the rules, regulations and by-laws of the Board, have all the power and authority of
police officers of the respective municipalities in and for which they are severally appointed.

The Board may appoint a secretary or a clerk, and such number of custodians, supervisors and assistants for the several playgrounds and recreation places under its control as they shall think necessary and fix and determine their salaries.

10. Bruce Gollnick is Assistant Director of the Monmouth County Park System. He has been employed there since 1971 and was promoted to Superintendent of Parks in or around 1974. He served in

11. The fifteen parks where rangers are employed vary in size from 100 to 700 acres. Freehold Park is the smallest and the largest is Hartshorn Woods. Holmdel Park receives the most visitors; annual estimates range from 750,000 to 1,000,000 (TA 31-33). The park system provides uniforms to rangers including work pants, work shirts, work jackets, work shoes, boots and hats. The dress uniform consists of dress pants, dress shirt, dress jacket, tie and badge. Rangers usually wear their badges at all times. The work uniform is a tan shirt, green pants and a green jacket. A patch appears on the shoulder of the jacket and matches the work uniforms that are distributed to maintenance employees (TA 70-72). The dress uniform has tow collar ornaments with initials "MC" ("Monmouth County") on one side and "PS" (Park Service") on the other side. Rangers wear work uniforms more often than dress

uniforms. The work uniform is worn three to four days and the dress uniform is worn one to two days (TA 74). Rangers also may carry a radio, operate pickup trucks, light grounds equipment, mowing equipment, tractors, front-end loaders and automobiles. The park system does not maintain any vehicle resembling a patrol car with flashing warning lights. No park has a detention center (TA 102).

12. The Board issues a pamphlet containing rules and regulations governing the use of county parks and recreation areas (R-3). The regulations place restrictions on alcoholic beverage consumption, group meetings, refuse disposal, lighting fires and fireworks. One section is entitled "Disorderly Persons" and prohibits "loitering conduct" which "disturbs a person of ordinary sensibilities or which obstructs free passage of pedestrians at any of the facility buildings or walkways." This section also states:

Where there is conduct violative of the above section or any part thereof, there must in addition be a refusal by the persons engaged in such conduct to obey an order by any agents or officers of the Board of Recreation Commissioners to move on before a charge under these regulations may be prosecuted.

A "note" on the back of the pamphlet states:

Employees of the Board of Recreation Commissioners are vested with police authority and empowered to make arrests for violations of County Park rules and regulations. Rules applying to special conditions or situations within an individual County Park or Recreation Area may be supplemental to the above. When special rules apply, they will be posted in the affected areas. These rules and regulations are promulgated in accordance with provisions of the New Jersey Revised Statutes Tile 40, Chapter 12-6....

13. In 1981, the Police Training Commission approved an eighty-hour course for park rangers, pursuant to N.J.S.A. 40:12 et seq . (R-7). Gollnick testified that before 1981, the Police Training Commission sent a letter to the Park system stating that since park rangers had police powers under the statute, they would have to be trained under the auspices of the Police Training Commission at an appropriate facility (TA 39). The directive in R-7 contains an order that rangers or anyone having powers under

N.J.S.A. 40:12-6 would have to obtain appropriate training at a police training facility.

The program approved by the Police Training Commission differed from the program provided to municipal police officers (TA 40). Police candidates must take a ten-week course in order to be commissioned as officers. The park ranger program was approximately two weeks or eighty hours. It offered courses entitled, working with juveniles, defensive training, report writing and knowledge of the criminal justice system. Moreover, the program did not provide any firearms training and no training in Title 39 (motor vehicle code) (TA 41).

After 1981, the police training program offered to park rangers expanded to approximately 124 hours (TA 43). An in-house training program requires park rangers to take courses in orientation ranger skills, first aid, firefighting and ice rescue. All rangers hired within the past three years have taken courses concerning safety, fire and first aid skills. Rangers must also take the "Rangering Skills" series of courses at the Police Academy. These courses include the park ranger philosophy, enforcement of park system rules and regulations, patrol procedures and techniques, patrol practices, youth relations, narcotics, arrest, search and seizure, defensive tactics, criminal statutes, evidence, and introduction to criminal justice/court room testimony (R-8). Rangers must also take maintenance skill courses including proper use of hand tools, special tools and techniques, tractor

operation and maintenance, truck operation and maintenance, snow plowing, and forklift operation course. Park rangers must complete the training program within 18 months of their hiring date (TA 94).

The Board issues summons books to the park rangers. Rangers do not have to call the municipal police force in order to remove a visitor from the park. They frequently issue warnings to visitors who are illegally parked in one of the County parks (TA 90).

14. Robert Browne is a Senior County Park Ranger who has been employed by the park system for approximately 20 years (TA 106). He has issued summonses for parking violations, handcuffed park visitors who have been involved in assaults, detained visitors and advised them that they are under arrest (TA 111, 114). Browne also described an incident in August 1985 in which he handcuffed an individual who was involved in an assault and transferred the suspect to the Wall Township Police Department for the purpose of pressing charges.

The employer introduced R-6, an incident analysis dating back to 1960 (R-6). Gollnick defined an incident as "anything out of the ordinary that occurs within the park" (TA 34). Such reports could be filed for a rule and regulation violation, the occurrence of a fire, a burglar alarm sounding, first aid treatment for a park visitor or for a missing person, etc. R-6 also categorizes the number of summonses issued, number of visitor requests for police assistance and arrests made. In 1981, 540 reports were recorded,

385 summonses were issued, 83 requests for police assistance were made and 21 arrests were made. In 1982, 547 incidents occurred, 251 summonses were issued, 128 requests for police assistance were made and 28 people were arrested. The number of incidents increased in 1983 to 674, 336 summonses were issued, 155 requests for police assistance were made and 23 people were arrested. In 1984 and 1985 the number of incidents reported were 654 and 678, respectively. The number of summonses issued were 384 and 548 respectively, and the number of requests for police assistance were 118 in 1984 and 112 in 1985. In 1984 21 arrests were made and the final data were not available for the number arrests made in 1985 (R-6). Gollnick issued summons books to all park rangers. The municipal police force does not have to be called for park ranger to remove a visitor. The Park Commission also makes available additional defensive training at the Police Academy (TA-90).

Rangers do not generally issue summonses based on information and belief; they issue summonses only for illegalities which they personally observe (TA-84). Browne asserted that summonses have been issued under information and belief. For example, in late August 1986, the Chief life guard at Seven Presidents Park in Long Branch advised the park rangers that a visitor was swimming in a non-designated area. After he repeatedly requested the swimmer to leave the area, the Chief life guard requested that the rangers issue a summons to the swimmer. One of the rangers issued a summons and the Chief life guard signed it

(TA-139). Gollnick asserted that an incident report is filed for every summons issued. Park rangers are directed to request the assistance of police in any matter involving drugs, juvenile delinquency and incidents concerning criminal statutes (TA-36). Gollnick was not sure if the arrests charted in R-6 were made by County Park system employees (TA-37). Gollnick emphasized that park rangers are instructed to resolve problems at the lowest possible level. The lowest level is to provide advice and information to park visitors. The next level requires rangers to issue a courtesy warning in writing. The last level of enforcement is removal from the park. The level of physical force a ranger may use is discussed in the training program. If a visitor resists, rangers are advised to call for local police to handle the matter. Rangers are generally discouraged from using force in any form. However, the park rangers are not prohibited from using force (TA-57). Force is considered appropriate when someone reacts with hostility or threatens bodily harm to the ranger or a park patron (TA-59).

Firearms are not issued to park rangers and the park system does not authorize a ranger to use his own firearm while on duty (TA-74). Furthermore, park rangers belong to the New Jersey Public Employee Retirement System and do not belong to any police or firefighter pension system.

Browne asserted that he once placed marijuana confiscated from a visitor in Seven Presidents Park in a Long Branch police department evidence envelope and transported the package to the

police department (TA-16). Browne asserted that park rangers issue summonses under Title 40 (cross-referencing Title 39) and the summons itself is marked "traffic violations" under Title 39 (TA-110). Summonses are often issued for alcoholic beverage possession in county parks.

Browne arrested an adult and two juveniles for narcotics possession on or about July 21, 1985 at Seven Presidents Park. He had not previously made any narcotics arrests. He called the Long Branch Police Department to transport the suspects to the station, where he completed a uniform crime report (TB-20). Browne was uncertain about how many other arrests he made over the past three years. He acknowledged that no rule required park rangers to fill out a uniform crime report (TB-27). One of Browne's duties is to collect money from the admission booth and the deposit it at the bank. Browne viewed answering questions from the public about schedules as a law enforcement function. He also claimed that litter collection and cleaning the latrines was a law enforcement function (TB-52, 53).

David Compton has been employed by the park system for eleven years and has been superintendent of the Monmouth Park System for more than one year. Between 1975 and 1977 Compton was assigned to Holmdel Park and he estimated that park rangers devoted 80% of their efforts to maintenance tasks and 20% to dealing with the public, including providing assistance and enforcing park rules and regulations (TB-62, 60). In breaking down the latter estimate,

Compton asserted that about 75% of the ranger efforts was devoted to dispensing information and 25% was devoted to issuing written warnings and summonses (TB-64). In the winter months, 95% of the park rangers' efforts were devoted to maintenance functions and 5% to dispensing information and enforcing park rules and regulations. According to Compton, rangers have broader responsibility than other park employees to issue summonses because it "falls more in their day to day job performance than the others" (TB-83).

James Giglio has worked in the park system for twenty years and was originally hired as a park maintenance person. He was next promoted to principal park ranger and in 1977 he became supervising county park ranger (TB-102). He testified that there is greater emphasis on enforcement of rules and regulations today than years ago. Park rangers are responsible for determining the cash report, signing-in campers, keeping track of cash receipts, collecting refuse, cleaning the park, performing road maintenance and filling pot holes. Routine maintenance includes mowing, cleaning buildings, making repairs and litter collecting (TB-108-109). Giglio was in Seven Presidents Park from 1979 to 1982 and served as supervising park ranger. In his estimate, during the busy summer months rangers devoted 20% to 25% of their efforts to visitor contact. Over the entire year the park ranger would devote considerably less time to that contact, amounting to perhaps 5% (TB-110). Giglio stated that approximately 10% of his activities directly involved law enforcement. He is mostly involved in administrative duties such as creating work schedules and assigning rangers to various locations.

Considering all of the testimony and evidence, I find that park rangers spend no more than 20% of their summer work hours in "visitor contact", including dispensing information, issuing warnings and summonses and making arrests. I also find that they devote 80% of their efforts to maintenance tasks, including cleaning, mowing and inspecting park areas.

except where established practice, prior agreement or special circumstances dictate the contrary, no policeman shall have the right to join an employee organization that admits employees other than policemen to membership.

If the park rangers are policemen, they may not continue to be in their current negotiations unit because it admits employees other than police to membership. If they are not, their petition must be dismissed because of New Jersey's policy in favor of broad-based negotiations units. State v. Prof. Assn. of New Jersey, Dept. of Education, 64 N.J. 231 (1974); County of Warren, P.E.R.C. No. 86-111, 12 NJPER 357 (& 17134 1986); Jefferson Township Bd. of Ed., P.E.R.C. No. 61 (1971).^1/

1/ Park rangers are among those "employees engaged in performing police services" within the meaning of the interest arbitration statute, N.J.S.A. 34:13A-15. Their inclusion in

Footnote Continued on Next Page

shall, while on duty and for the purpose of preserving order and observance of the rules, regulations and by-laws of the Board, have all the power and authority of police officers of the respective municipalities in and for which they are generally appointed. N.J.S.A. 40:12-6.

R-3 states that "employees of the Board of Recreation Commissioners are vested with police authority and empowered to make arrests for violations of County Park rules and regulations." R-4 contains a nearly identical provision and authorizes distribution of "defensive" equipment, including batons and handcuffs.

1/ Footnote Continued From Previous Page

the statute does not require the Commission to sever the proposed unit because the Legislature "simply has not precluded employees engaged in performing police services from being in a broad-based unit with employees who do not engage in such services." City of Newark, P.E.R.C. No. 87-7, 12 NJPER 606 ( & 17228 1986). Severance may also be unwarranted under the statute because park rangers are in a newly-formed negotiations unit and there has been no showing of unstable labor relations in the broad-based unit Id. See also Jefferson Twp. Board of Education.

2/ 40:37-154 - Park police; establishment; rules and regulations

The commission may appoint and establish a constabulary to preserve order in the parks and parkways under its control, and to secure the enforcement of the rules and regulations passed and enacted by it, and may organize the constabulary into a police system to be known as "the park police of the county of ...............".

The police system shall consist of a chief and such subordinate officers as may be deemed necessary and proper for the enforcement of the rules and regulations of the commission within the parks and parkways, and the proper protection of public property therein.

The commission may establish proper rules and regulations for the appointment, control and management of the members of the constabulary, and for the securing of proper discipline and efficiency among the members thereof.

40:37-203. - Park police; powers of arrest

The members and officers of the park police may arrest on view and without warrant, and conduct before the nearest police magistrate of the municipality in which the arrest is

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I reject the Board's arguments and find that park rangers are "policemen" within the meaning of the Act. In County of Warren , the Commission determined that weights and measures employees were "policemen" because they had the power to arrest under N.J.S.A. 51:1-106:

2/ Footnote Continued From Previous Page

made, or a police magistrate of a neighboring municipality, any persons found violating the rules and regulations enacted by the commission for the protect, preservation, regulation and control of the parks and parkways, and all property and other things therein, and in addition shall have all the powers conferred by law on police officers or constables in the enforcement of the laws of this state and the apprehension of violators thereof.

The quoted language is unambiguous and plainly vests in correction officers specific powers and

duties commonly exercised by the police. When that statute is read with the aforementioned provision of N.J.S.A. 34:13A-5.3, we think it to be apparent that the Legislature was seriously concerned with preventing law enforcement officers, authorized to make detections, apprehensions and arrests, from joining an employees' union which might place them in a conflicting position and create circumstances for possible divided loyalty or split allegiance. Compare the analogous policy fostered by 29 U.S.C.A. ' 159(b), which precludes guards from joining a labor union if that organization includes member employees other than guards/ National Labor Relations Board v. American Dist. Tel. Co., 205 F .2d 86, 89 (3 Cir. 1953).
107 N.J. Super at 57.

The Commission found that the weights and measures employees' statutory duty to make arrests was dispositive of their status as "policemen."

N.J.S.A. 40:12-6 confers the same or broader police authority to the designated Board employees than N.J.S.A. 51:1-106 confers to weights and measures employees, who may statutorily "arrest" offenders. Although the duties of the park rangers are circumscribed by Board policies (e.g. , favoring ranger verbal warnings to patrons over arrests and limiting ranger authority to their work hours) their statutory power is coextensive with that provided to police officers in the respective municipalities. Nothing in the record established any limitation of police authority in any municipality. In light of the Commission's decision in

County of Warren and the statutory police authority of employees under N.J.S.A. 40:12-6, park rangers do not need to fit the "classic" definition of law enforcers and do not need to be cloaked with the plenary authority of other statutes ( e.g., N.J.S.A. 40:37-203) in order for them to be "policemen" within the meaning of our Act.

Park rangers receive 124 hours of training at the Police Training Academy and take numerous in-house training courses, including arrest, search and seizure, evidence and an introduction to court room testimony. Rangers have also issued summonses, handcuffed and arrested park visitors, been involved in assaults and transferred suspects to local police authorities for the purpose of pressing charges. R-6 contains an approximate calculation of the number of annual incidents, summonses issued and arrests made over past years. Even if this data demonstrates that park rangers are engaged in "visitor contact" for 20% or less of their working hours, it also shows that they fulfill their statutory obligations. These facts warrant the conclusion that the park rangers have in fact performed police duties.

represented in collective negotiations by Lodge #105, Fraternal Order of Police or no representative. ^3/

Jonathan Roth, Hearing Officer

DATED: April 28, 1987
Trenton, New Jersey
































3/ In keeping with the Commission decision in City of Newark , I recommend that the proposed unit be severed from the broad-based blue and white collar unit and an election be directed to determine the rangers' representational desires.