D.R. NO. 79-6

STATE OF NEW JERSEY

PUBLIC EMPLOYMENT RELATIONS COMMISSION

BEFORE THE DIRECTOR OF REPRESENTATION

In the Matter of

STATE OF NEW JERSEY,

Public Employer,

-and-	Docket Nos. RO-77-194

and RO-78-3

NEW JERSEY STATE SUPERVISORY

EMPLOYEES ASSOCIATION -

SECONDARY LEVEL - a/w NJSEA-NJCSA,

Petitioner,

-and-

LOCAL 1099, COMMUNICATIONS

WORKERS OF AMERICA, INTERMEDIATE

LEVEL, NEW JERSEY STATE SUPERVISORS,

Petitioner.

Appearances:

For the Public Employer

Frank A. Mason, Director, Office of Employee Relations

For the Petitioner NJSEA-NJCSA

Fox & Fox, Esqs.

(David I. Fox, of Counsel)

For the Petitioner CWA

Kapelsohn, Lerner, Reitman & Maisel, Esqs.

(Sidney Reitman, of Counsel)

DECISION AND DIRECTION OF ELECTION

On June 27, 1977, as amended November 15, 1977, a Petition for Certification of Public Employee Representative was filed with the Public Employment Relations Commission (the "Commission") by the New Jersey State Supervisory Employees Association - Secondary Level - NJSEA-NJCSA (the "Association") with respect to a proposed unit consisting of "all second line supervisors..." employed by the State of New Jersey. The Association's Petition is accompanied by an adequate showing of interest. On July 7, 1977, as amended February 10, 1978, a Petition for Certification of Public Employee Representative was filed with the Commission by Local 1099, Communications Workers of America, Intermediate Level, New Jersey State Supervisors (the "CWA") with respect to a proposed unit described as including "all intermediate level supervisors..." employed by the State of New Jersey. CWA's Petition is supported by an adequate showing of interest. The undersigned has caused an administrative investigation of these Petitions to be conducted in order to determine the facts. Inasmuch as both of these Petitions relate to the same generically described unit of employees, the processing of these Petitions has been conducted in a consolidated fashion.

On the basis of the administrative investigation herein, the undersigned finds and determines as follows:

1.	The disposition of this matter is properly based upon the administrative investigation herein, it appearing that no substantial and material disputed factual issues exist which may more appropriately be resolved after a hearing. Pursuant to N.J.A.C. 19:11-2.6(b), there is no necessity for a hearing where, as here, no substantial and material factual issues have been placed in dispute by the parties.

2.	The State of New Jersey is a public employer within the meaning of the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-1 et seq., as amended (the "Act"), is the employer of the employees involved in the Petitions, and is subject to the Act's provisions.

3.	New Jersey State Supervisory Employees Association - Secondary Level - a/w New Jersey State Employees Association-New Jersey Civil Service Association and Local 1099, Communications Workers of America, Intermediate Level, New Jersey State Supervisors are employee representatives within the meaning of the Act and are subject to its provisions.

4.	Petitions for Certification of Public Employee Representative having been filed and the parties not having agreed to the conduct of a secret ballot election, a dispute exists and the matter is appropriately before the undersigned for determination.

5.	All parties agree that the appropriate unit or collective negotiations consists of "all higher level supervisory employees employed by the State of New Jersey" and that it is appropriate for an election to be conducted among the employees described in this unit.

6.	All parties agree that the employees who comprise the above-described unit are professional employees within the definition of that term contained in the Commission's Rules, N.J.A.C. 19:10-1.1(a)21.

7.	All parties agree that there are a limited number of titles on which there is disagreement with regard to eligibility.

8.	It appearing to the undersigned that the proposed unit of employees generically described above constitutes an appropriate unit for collective negotiations within the intendment of the Act, and it appearing that the parties have no objection to the conduct of a secret ballot election among the employees in the proposed unit, and it further appearing to the undersigned that such employees should have the opportunity to designate at this time1/ a collective negotiations representative, if any, through the means of a secret ballot election, the undersigned shall direct an election to be conducted among all higher level supervisory employees employed by the State of New Jersey.

Accordingly, the undersigned finds that the appropriate unit for collective negotiations is "all higher level supervisory employees employed by the State of New Jersey, but excluding all managerial executives, confidential employees, non-supervisory employees, primary-level supervisory employees, non-professional employees, and police within the meaning of the Act."

9.	Therefore, pursuant to N.J.A.C. 19:11-5.1, the undersigned directs that an election be conducted among employees described immediately above. The election shall be conducted by mail ballot pursuant to N.J.A.C. 19:11-9.2 and as more particularly described below.

Those eligible to vote are employees set forth above, including but not necessarily limited to employees described in Attachments #1 and #2 of the Notice of Election attached hereto and made a part hereof, who were employed during the payroll period immediately preceding July 28, 1978, 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. 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 N.J.A.C. 19:11-9.6, the State is directed to file with the undersigned, with the Association, and with CWA 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. The undersigned has requested, and the State has agreed, to furnish the eligibility list to the Commission no later than August 25, 1978. A copy of the eligibility list shall be simultaneously filed with the Association and with CWA with a statement of service to the undersigned. The undersigned shall not grant an extension of time within which to file the eligibility list except in extraordinary circumstances.

The Commission shall conduct the mail ballot election during the period commencing September 15, 1978, and terminating on October 6, 1978, at 10 a.m. In order to be valid, an employee ballot must be received in the Commission's designated post office box no later than 10 a.m., October 6, 1978. Ballots will be counted at 11 a.m., October 6, 1978, at the Commission's offices in Trenton.

At the tally of ballots, each party shall be entitled to designate an authorized representative who may challenge the eligibility of a voter for cause.

On September 15, 1978, the Commission shall mail the following materials to employees in the titles listed on Attachments #1 and #2 of the attached Notice of Election: a notice of the election; a ballot; instructions to voters; a secret ballot envelope; and a stamped, return-addressed envelope.

The State is instructed to post immediately the enclosed Notice of Election with attachments in places where such employee notices are normally posted.

Those eligible to vote shall vote as to whether or not they desire to be represented for the purpose of collective negotiations by N.J. State Supervisory Employees Association - Higher Level - affiliated with NJ State Employees Assoc.-N.J. Civil Service Assoc., or by CWA, AFL-CIO, Supervisors Local 1099, or neither.

The exclusive representative shall be determined by a majority of the ballots cast. The election directed herein shall be conducted in accordance with the Commission's Rules.

BY ORDER OF THE DIRECTOR

OF REPRESENTATION

/s/Carl Kurtzman, Director

DATED:	August 24, 1978

Trenton, New Jersey