1/ This matter was initially filed as a Petition for Clarification of Unit, Docket No. CO-H-91-5, which the Association withdrew when it filed this representation petition.

2/ The title Programming Projects Leader was listed twice.

The Authority alleges that 26 titles are inappropriate for inclusion in the unit because employees in these titles are either non-supervisory or confidential within the meaning of the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-1 et seq ., or that they have a conflict of interest with other unit employees. ^4/

The Director of Representation determined that substantial and material disputed factual issues warranted an evidentiary hearing. I conducted a hearing on October 22, November 10 and 15, December 2, 14 and 16, 1993, and on January 12, February 3 and 16, March 29, April 11 and 22, May 12 and 26 and August 18, 1994. The parties examined witness and introducted exhibits. ^5/ The parties

3/ The parties were engaged in collective negotiations for a successor to an agreement that ended on June 30, 1991 (J-1).

4/ The Authority does not contest the inclusion of the Traffic Control Supervisor, the Trailblazer Supervisor and the Emergency Services Supervisor titles in the Operations Department (4T93); and the Stock Control Supervisor (R. Belloff), Office Services Supervisor (M. Sahli); Supervisor Ticket Supply (W. Schurr); and Purchasing Coordinator (Joanne Woodley) in the Administrative Services and Technology Department (5T6).

5/ Transcript citations are in sequence with the hearing dates on which the record was developed, e.g. 1T for October 22, 1993 through 15T for August 18, 1994. Exhibits are designated as follows: "Cm" for Commission exhibits, "J" for joint exhibits, "P" for Association exhibits and "R" are Authority exhibits.

The Authority's Hierarchical Organization and Budget Formulation^{6 /}

The New Jersey Turnpike Authority was created by the Legislature in 1948 to design, construct, operate and maintain a high speed, limited access roadway.

6/ By stipulation of the parties (15T162-15T166).

The Authority is funded by revenues from tolls, service areas, rentals and gas stations. Its annual budget is divided into capital and operation expenditures. The annual budget is approved by the Commissioners at a December meeting. Very extensive budget preparation is required for all departments. The Authority's total budgeted operating expenses are approximately 176 million dollars in 1994. Budget preparation is "zero based" and each item is justified in detail. Historical data, price escalators, and current roadway and structural conditions are also used to prepare the budget.

Upon the Comptroller's direction, department Directors prepare their annual projected budgets in August of each year. These budgets are developed within departments, consistent with policy guidelines set by the Executive Director, before being sent to the finance and budgets department for review. A preliminary budget is then forwarded to the Executive Director, who may review the proposal to meet a projected annual growth rate before presenting it to the Commissioners for final approval, subject to the Governor's veto. Meetings are held by finance and budget with each department. Subsequently, a budget committee made up of the Executive Director, the Chief Engineer and Comptroller further convenes meetings with each Director to review individual budgets. Based on data compiled during these meetings, the Executive Director may revise the proposal to meet a projected annual growth rate before presenting it to the Commissioners for final approval, subject to the Governor's veto.

Historically, the Commissioners generally approved the Executive Director's recommended budget and did not participate in its development. However, the Commissioners of the past administration created a law, finance and policy committee which discusses the proposals before presenting them to the full Commission for approval.

Permission to purchase goods or services on the Authority's behalf, beyond the approved budget, must be approved by department Directors. Purchasing within the approved budget is supported by

purchasing requisition forms which must be signed or initiated by specific supervisory and management employees and reviewed by the finance and budget office. A purchase order is subsequently issued and signed by the Administrator, purchasing/office services.

N.J.S.A. 34:13A-3(g) defines confidential employees as:

employees whose functional responsibilities or knowledge in connection with the issues involved in the collective negotiations process would make their membership in any appropriate negotiating unit incompatible with their official duties.


In State of New Jersey, P.E.R.C. No. 86-18, 11 NJPER 507 ( & 16179 1985), we explained our approach to determining whether an employee is confidential:

We scrutinize the facts of each case to find for whom each employee works, what he does, and what he knows about collective negotiations issues. Finally, we determine whether the responsibilities or knowledge of each employee would compromise the employer's right to confidentiality concerning the collective negotiations process if the employee was included in a negotiating unit. [ Id. at 510]

See also Ringwood Bd. of Ed. , P.E.R.C. No. 87-148, 13 NJPER 503 ( & 18186 1987), aff'd App. Div. Dkt. No. A-4740-86T7 (2/18/88).

Under N.J.S.A . 34:13A-5.3, supervisors are employees who have the power to hire, discharge, or discipline other employees or

who can effectively recommend these personnel actions. Our definition of supervisor derives from N.J.S.A . 34:13A-5.3: a supervisor is one who hires, discharges, disciplines or effectively recommends the same. Mere possession of authority to do so is not enough. Westfield Bd. of Ed., P.E.R.C. No. 88-3, 13 NJPER 635 ( & 18237 1987). We must review all the circumstances of a case to determine whether the employee has and regularly exercises such power. Cherry Hill Tp. DPW, P.E.R.C. No. 30, NJPER Supp. 114 ( & 30 1970); Somerset Cty. Guidance Center , D. R. 77-4; 2 NJPER 358 (1976).

The employees subject to this representation petition are within the range of titles that are first level supervisors, whose primary supervisory functions are to recommend discipline and to evaluate their subordinates. ^7/ Supervisory status has been found where an employee's evaluative responsibilities implicate disciplinary authority. Emerson Bd. of Ed., D.R. No. 82-13, 7 NJPER 571 ( & 12255 1981). A supervisor is one whose evaluations are instrumental in determinations to withhold increments, renew employment or terminate employees. Westfield Bd. of Ed., supra.; Paramus Bd. of Ed. , D.R. No. 21-7, 7 NJPER 556 ( & 12247 1981); Borough of Avalon , P.E.R.C. No. 84-108, 10 NJPER 2-7 ( & 15102 1984). Cf. Edison Tp. Bd. of Ed., D.R. 82-8, 7 NJPER 560, & 12249 1981).

7/ All recommendations for hiring and firing are recommended by a department Director to the Commission for its approval.

Public Affairs Department

The Association amended its petition to add the title of Manager Highway Advisory Radio (D. Chierchie) (1T7).

The department of public affairs is headed by Director Lynn Fleeger (1T-9; J-1). Public Affairs is responsible for the Authority's public relations in the print and broadcast media. It publishes two informational newsletters, "The Trailblazer" and the "The Pike Interchange," as well as other promotional documents (1T9-1T10). It is also responsible for the recently established patron communications program operated by the highway advisory radio unit (1T49; 2T21).

Diane Chierchie is the head of the highway advisory radio unit. She reports to Director Fleeger (1T49; 2T21). Chierchie is responsible for the development and daily operation of the radio and telephone systems used to broadcast up-to-the-minute accurate traffic reports to Authority patrons and employees (1T14-1T15; 2T7;

2T12; 2T52). Two multi media communiciations assistants report to Chierchie (1T14; 1T24-1T25). She assignes and supervises the assistants' preparation, revision and broadcast of traffic reports (1T14; 2T7; 2T8; 2T10; 2T14; 2T17-2T18).

Chierchie recently completed a written evalution of an assistant's six month probationary period which determined the employee's raise (1T41; 2T63-2T64). Chierchie will continue to make recommendations on the assistants' performance (1T41) which Fleeger will follow (1T32; 1T26). Fleeger relies on Chierchie to impose discipline if needed (1T26; 1T27; 1T28).

Instead, the Authority argues in its brief that Chierchie is not a supervisor, in spite of the fact that the Authority stated on the record that the Manager Highway Advisory radio is supervisory (1T8; 1T24; 1T33). I reach the same conclusion.

Chierchie does not have the authority to make effective recommendations for hiring on her own. When Chierchie needed to fill a recently vacated Communiciations Assistant position, a recommendation for a new hire was made to the department of human

resources by a committee made up of Chierchie, Fleeger and two other managers (2T39; 2T59-2T61). However, she has performed a written evaluation of a assistant during his proabationary period which affected his raise, and she will continue to perform evaluations in the future. The evaluation process may be related to discipline where evaluations influence personnel actions such as the granting or withholding increments or promotions or renewing employment supervisory status. Emerson Bd. of Ed.; Borough of Avalon, supra. Chierchie's evaluation affected the assistant's raise. She will continue to perform evaluations which Fleeger will adopt. Chierchie's evaluations are effective recommendations; therefore I find that she is a supervisor within the meaning of the Act.

Tolls Department

The Association has petitioned for (Cm-1):

Accounts Supervisor (Joseph Cervone)
Toll Audit Supervisor (Lenard Blaska)

Joseph Cervone, the Accounts Supervisor, reports to Administrative Assistant William Darragh and Lenard Blaska, the Toll Audit Supervisor, reports to Manager Tom Moran of toll audits (2T101; 2T84; J-5). Moran and Darragh report to William Burke, Director of tolls (J-5). Blaska is one level above Cervone (3T8; 3T24).

Blaska has greater responsiblity than Cervone in the areas of the investigation of unusual revenue variances (2T145; 3T48-3T49) and the preparation of the departmental budget (2T133). Blaska also reviews the monthly reports submitted by division clerks (3T41; 3T73) and keeps track of the performance evaluations of probationary Toll Plaza Supervisors and Assistant Section Chiefs completed by Section Managers to ensure that they are submitted on time (2T146; 3T51-3T52).

A pool of four clerks do Cervone's and Blaska's typing (3T7; 3T20-3T21). Moran does the evaluations of these secretaries; Cervone and Blaska are not asked for any input into these evaluations (3T35-3T36; 3T43). Occassionally, Blaska assigns work to an Account Clerk who reports to Moran (3T73), but he does not evaluate this employee or the division clerks (3T73).

The Authority contends that Cervone and Blaska prepare materials used in disciplinary hearings. They prepare reports on the on-site toll audits they conduct and on their investigations into toll collection variances (3T5; 3T40). In their reports, Cervone and Blaska may identify employees responsible for recurring problems that need correction; but there is no evidence to conclude that the materials that Cervone and Blaska prepare give them advance knowledge of disciplinary action before it is instituted. Cervone has never been called as a witness in grievance proceeding to testify about the result of an investigation he conducted (3T18). Therefore, I find that Cervone and Blaska are not confidential employees.

The Authority contends that Cervone and Blaska are not supervisors. I find that Cervone or Blaska do not have the authority to recommend discipline. The reports prepared by Cervone

and Blaska are submitted to Moran and Director Burke, who review them with other information from Section Managers and from the department of administrative services and technology. Based on all the information, Moran and Director Burke decide if discipline is necessary (3T11; 3T17; 3T54; 3T57-3T58). I conclude that Cervone or Blaska are not involved in recommending discipline. Any instance of discipline arising out of improprieties identified by Cervone or Blaska are based upon Director Burke's own evaluation of the circumstances.

None of the clerical or secretarial employees that do work for Cervone and Blaska report to them. There is no evidence that Cervone or Blaska perform evaluations of the clercial employee's work or that they have the authority to recommend discipline. Cervone's statement that he would "report" a clerk if he had a problem is not indicative of supervisory authority (3T28). Based on the above facts, I find that Cervone and Blaska are not supervisors.

Administrative Assistant State Police

Director Dale is the Authority's liaison to the 230 state troopers of Troop D assigned to patrol the Turnpike by contract between the Authority and Turnpike of State Police (3T129; 4T4). The division of state police under Director Dale is the administrative unit that provides Troop D with administrative and clerical support. The division and Troop D share offices in the Authority's administration building (3T88; 4T6; 4T8; 4T9; R-6).

8/ The Authority does not object to the inclusion of this title into the unit (4T93).

9/ The Authority does not object to the inclusion of this title into the unit (4T93).

10/ The Authority does not object to the inclusion of this title into the unit (4T93).

Miles and the troop's Deputy Commander prepare the division's proposed budget for Director Dale's review (3T93-3T94; 3T123). Miles develops the specifications for and purchases the troop's eqiupment and supplies (uniforms, weapons, ammunition, radar equipment, vehicles, etc.) (3T114; 3T129; 4T9; 4T16). He coordinates the deputy commander's requests for acquisitions with Director Dale and generally monitors the division's expeditures (4T10). Miles is not involved in negotiations (4T5). ^12/

Miles is responsible for a police records clerk, a confidential secretary, a senior clerk typist and a clerk typist (3T101; 3T117; 4T4; R-6). ^13/ Miles does written and verbal evaluations of the four clerical employees (3T100). He has the authority to discipline (3T100). Dale testified that he would "depend heavily" on Miles' disciplinary recommendations if he were to make them (3T102).

11/ Miles describes his dual reporting responsibilites as a "two-headed monster" (4T6).

12/ Director Dale testified that he is "rarely" involved in negotions (3T118). He qualified this statement by explaining that he was involved in negotiations only twice in the past 10 years (3T125-126). Miles did not assist Director Dale on either of those occassions.

13/ A confidential secretary is assigned to the troop commander; a clerk typist is assigned to the Moorestown station commander; and the senior clerk typist and police records clerk perform general clerical duties at the troop headquarters (4T30-4T31; 4T27-4T28).

The five Shift Supervisors work in the traffic operations center, the Authority's communication nerve center (3T88). The center coordinates information from the Authority's automated traffic control surveillance system and the roadway video cameras, as well as from state troopers and employees in the tolls and maintenance departments. The center utilizes the information to monitor and maintain an safe flow of turnpike traffic (3T88; 4T35). The Shift Supervisors are under the direction of Henry Comeau, the center's Manager (3T97). Reporting to the shift supervisors are 11 Communications Dispatchers represented by IFPTE, Local 195 (3T99).

The Shift Supervisors are responsible for ensuring the operation of the automated speed limit and message signs, dispatching personnel and equipment to the scene of an accident, rerouting traffic and coordinating and directing emergency response efforts in accordance with policies and procedures from the Federal Aviation Authority and Authority (4T36; 4T43; 4T45-4T47; 4T50-4T51; 4T86).

The center operates 24 hour day, seven days a week (4T36), with Shift Supervisors and Dispatchers working rotating shifts. Shift Supervisors are responsible for providing shift coverage (3T99). ^14/ They perform three and six month written evaluations

14/ Dispatchers bid for shift schedules under the IFPTE negotiatied agreement (4T38). I infer that a Shift Supervisor may assign overtime when unexpected leaves or other absences reduce shift coverage.

The Authority argues that the Administrative Assistant State Police is not a supervisor and should be excluded from the unit. Miles has the highest title in the division and has the authority to supervise the performance of Authority employees assigned to the Troop D officers, including discipline if needed (3T102). ^16/ He has performed written evaluations (3T33). While evaluation alone is not one of the statutory criteria for determining supervisory status, it has been looked to for its relationship to other personnel actions such as renewal of employment, promotion and salary increases as indicative of

15/ At one point during negotiations for the previous agreement with IFPTE, Director Dale asked Shift Supervisors for their input on a union negotiations proposal concerning uniforms (3T126). This was an isolated incident. There is no indication in the record that by responding to the union's proposal, the Shift Supervisors were in a position to know the Authority's final negotiations position.

16/ The Troop D Deputy Commander lacks authority over the Authority's employees.

Shift Supervisor

The Authority argues that shift supervisors are not supervisors. Shift Supervisors do written evaluations, they impose minor discipline on communications dispatchers and they are the first step in the dispatchers' grievance procedure. Therefore, I find that Shift Supervisors are supervisors within the meaning of the Act.

Administrative Services and Technology Department:

The Association has petition for these titles:

Management Information Systems:
Computer Operations Supervisor (Joan Chupka)
Microprocessor Prototype Analyst (Alan Zehnbauer)^17/
Telecommunications Supervisor (Deanna Berardi)^18/




17/ The Association amended its petition to withdraw the Assistant Construction Assistant title (Cm-1) and add this title (5T22).

18/ This title was petitioned for in the operations department (Cm-1).

Joan Chupka reports to the Manager of technical support and operations within the MIS section (J-7; 5T15). She is responsible for completing and producing computer reports requested by the

19/ The Authority does not object to inclusion of this title into the existing unit (5T6).

20/ The Association amended its petition on the record to add this title (5T8).

21/ The Authority does not object to including this title in the existing unit (5T6)

22/ The Authority does not object to including this title in the existing unit (5T6).
23/ The Authority does not object to including this title in the existing unit (5T6).

Chupka supervises six Computer Operators (5T16; 5T62), who are represented by IFPTE, Local 194 (5T36). She assigns and supervises the completion of their work (5T62).

Microprocessor Prototype Analyst

Alan Zehnbauer, the Microprocessor Prototype Analyst, reports to Alphonse Vosa, the Manager of microprocessor programming and network design under Director Hatala (5T74; 5T76; 5T77; J-7). Zehnbauer is responsible for designing (5T84-5T85) and monitoring the manufacture and installation of microprocessors which control the automatic traffic surveillance and control system (5T32; 5T33; 5T74). Approximately one day per week, Zehnbauer also supervises the field testing of microprocessors. The testing is done by Communications Technicians, who are outside Zehnbauer's chain of command (5T75; 5T82). They are under the supervison of Electronics Technology Supervisor John Farrell, who reports to Director Hatala (5T78; 5T85; J-7). Consequently, Zehnbauer must schedule the Technicians through Farrell (5T79). Zehnbauer voluntarily reports back to Farrell on the Technicians' performance (5T84).

Telecommunications Supervisor

Deanna Berardi reports to Electronics Technology Supervisor John Farrell (J-7, 15T98). ^24/ She is responsible for maintaining the PBX telephone system and automated attendant systems installed in the Authority's main administration building and in two satellite locations (7T90; 15T98). Berardi programs software to modify or enlarge telephone functions within the system, reconfigures phone connections and orders supplies, such as telephone lines and telephones (7T107; 15T5; 15T22; 15T46; 15T108).

Like Zehnbauer, Berardi assigns work to the seven Communications Technicians under Farrell. She directs them in the installation, relocation and repair of telephone jacks and cable lines (7T93-7T94; 7T107; 15T50; 15T107). Approximately 60% of Berardi's work is directing the technicians in "troubleshooting" or locating and diagnosing malfunctioning telephone lines or instruments (7T94; 15T52-15T53; 15T116).

Berardi was recently assigned a clerk, who also reports to Farrell and another supervisor (15T5). In the future, the clerk, as well as an unfilled technical assistant's position, will report exclusively to Berardi (15T8). ^25/ Berardi will be expected to evaluate the work of these two employees (15T7; 15T158).

24/ In June 1994 Berardi, was transferred from the maintainence department to the department of administrative services and technology (15T98).

25/ Berardi and Farrell have drafted the job specifications for the technical assistant position (15T88). The hiring process will begin as soon as the job specifications are approval by the commissioners (15T6;, 15T7; 15T90).

Nancy Weldon, the Purchasing Manager, reports to the division Administrator Travasano (J-7). She is responsible for obtaining competitive bids for services and supplies for the Authority (R-ll). She reviews requisitions, develops requests for bids, sits in on bid openings and generally maintains contact with vendors in order to evaluate their products or services for use by the Authority (5T95). Director Hatala and Weldon testified that she supervises employees (5T26; 5T95; J-7). ^26/

Weldon's computer code limits her access to files related to the procurement process (5T97), such as vendor listings, including minority owned Equal Employment Opportunity vendors (5T25; 5T96), vendor ratings (5T25) and vendor fees (5T26). Weldon is not involved in negotiations, (5T45; 5T95).

Supervisor Motor Pool

John Nabel, the Supervisor Motor Pool, reports to the Motor Pool Manager James Malone. He is responsible for the repair and maintenance of the Authority's van and car pools (5T99). Nabel developed (5T104) and continues to maintain the motor fleet computer files to track fleet mileage, gas useage and repairs (5T99; 5T100-5T101). Working under Nabel is Data Entry Technician William Brennan, who is a member of the Local 194 bargaining unit (5T101).

26/ Weldon stated she supervised seven employees, whereas Hatala identified six employees on the table of organization (5T26).

Nabel, Malone and three other supervisors attend staff meetings conducted by Larry Goerke, the Office Services Manager (5T109-5T110; J7). During the staff meetings, Goerke will ask Nabel about Brennan's performance (5T109; 5T110; 5T113). However, Malone did Brennan's written probationary performance evaluation (5T109).

The Authority contended on the record that Chupka is a confidential employee. Hatala testified that Chupka runs salary projections for the Authority's negotiations team; therefore, she knows the Authority's final negotiations offer (5T18; 5T47). Chupka testified that she has never seen a salary projection report (5T62; 5T71) and I credit her testimony. However, assuming that Chupka has seen such a report, this fact alone would not make her a confidential employee. Hatala stated that salary projections were requested throughout the course of the most recent negotiations, portraying different percentage increases (5T38; 5T54; 5T57). Hatala agreed that anyone reviewing a report would not be able to deduce whose salary demand(s) the report represented (5T55), or if they were final offers (5T55; 5T57). An employee who has knowledge of the costs of different proposals without also knowing the Authority's key financial proposal does not possess the kind of information that creates a conflict between the performance of

assigned duties and membership in a bargaining unit. See Barnegat Tp. D.R. No. 94-26, 20 NJPER 251 ( & 25124 1994).

The Authority also asserts that Chupka has access to all of finance and budget's computer files, including confidential labor negotiations information (5T17). Chupka does not the appropriate password or security code to access these computer files (6T19; 5T67; 5T70; 5T97). ^27/ Therefore I find that Chupka does not have access to finance and budget's files in the hard drive. I also conclude that Chupka could not access finance and budget files by retrieving them from the back-up cartidges (5T68). She must know the file directory and the job name of a file, information that the department of finance and budget does not give her (5T68; 5T69).

The Authority contends for the first time in its brief that Chupka is non-supervisory. Since the Authority stated on the record that its sole objection to this title was its asserted confidentiality (5T8), it did not refute the testimony of its own witness, Director Hatala, or Chupka's testimony that she was a supervisor (3T16; 5T36). Therefore, I based on this unrefuted testimony I find Chupka supervisory.

27/ Another MIS employee testified that files in the hard drive were like rooms that are secured by locks. Only employees authorized to use the files are given the password or access code that "unlocks" the files allowing them to be retrieved from the hard drive (6T19-6T20). Chupka testified that she was not given the access code to finance and budget files. I credit her testimony.

The Authority argues that Zehnbauer, the Microprocessor Prototype Analyst, is not a supervisor. Because the Communications Technicians are in a different unit, Zehnbauer cannot assign work to them without the approval of their supervisor, Farrell. There is no evidence that Zehnbauer has disciplined a technician or that his voluntary comments to Farrel about the Technicians' performance are effective recommendations relied upon to complete performance evaluations. Therefore, I find that the Microprocessor Prototype Analyst is not a supervisor.

Telecommunications Supervisor

The Authority contended on the record that Deanna Berardi is a managerial executive (15T11). Berardi was not involved in the initial development the telephone system (15T39) and her input into the current plans for the system's redesign is limited to providing information to Farrell on the daily operation and maintenance of the present system and its remaining capacity (15T15; 15T23). Further, she lacks the requisite authority and automony to implement communications policies that affect the Authority's objections as a whole. Borough of Montvale, P.E.R.C. No. 81-52, NJPER 507 ( & 11259 1980).^28/ Therefore, I find that Berardi is not a managerial executive.

28/ The Commission stated at pages 508-09:

A person formulates policies when he develops a particular set of objectives designed to further the mission of the governmental unit and when he

Footnote Continued on Next Page

The Authority's assertion assumes facts that are not in the record and events that are not probable. Technicians, not Berardi, do the troubleshooting (15T119). Berardi has never been asked to tap a line (15T51). She could not do so because she does not posses a butt inset and does not know how to use the instrument (15T57). Assuming the she would troubleshoot and could use a butt inset, it

28/ Footnote Continued From Previous Page

selects a course of action from among available alternatives. A person directs the effectuation of policy when he is charged with developing the methods, means and extent for reaching a policy objective and thus oversees or coordinates policy implementation by line supervisors. Simply put, a managerial executive must possess and exercise a level of authority and independent judgment sufficient to broadly affect the organization's purposes or means of effectuation of these purposes. Whether or not an employee possesses this level of authority may generally be determined by focusing on the interplay of three factors: (1) the relative position of that employee in his employer's hierarchy; (2) his functions and responsibilities; and (3) the extent of discretion he exercises. (Emphasis added).

The Authority argues in its brief that Berardi is not a supervisor. Berardi, like Zehnbauer, does not have supervisory authority over the Communications Technicians who report to Farrell. Although a recent reorganization of the communications unit indicates that Berardi will be directly supervising a clerk and a Technical Assistant, she does not now supervise any subordinates. ^29/

Purchase Manager

The Authority argued on the record that Nancy Weldon was confidential (5T25). The record shows that she plays no part in negotiations and does not have the ability to retrieve confidential labor relations information from the MIS computers. Therefore, I find that Weldon is not confidential employee.

In its brief, the Authority argues for the first time that Weldon is not a supervisor. The Authority did not refute the testimony of its witness, Director Hatala, nor Weldon's own testimony that she supervises. There is nothing in the record to contradict a finding that Weldon is supervisory.

29/ The Association may file a clarification of unit petition if Berardi does in fact supervise the clerk and the technical assistant.

The Authority asserts that John Nabel is not a supervisor. There is no evidence that Nabel has the authority to recommend discipline of Brennan to Malone. Malone did not rely on Nabel's recommendations when Brennan was evaluated. Although Goerke seeks Nabel's verbal evaluations of Brennan's work, there is no evidence that Goerke is relying this information as a basis for a formal evaluation of Brennan. I find that that there is no evidence to indicate the Nabel excercise supervisory authority.

I also recommend that the Commission find the Microprocessor Prototype Analyst, Alan Zehnbauer; the Telecommunications Supervisor, Deanne Berardi; and the Motor Pool Fleet Supervisor, John Nabel are non-supervisory and are excluded from the existing unit.

Maintenance Department

The Association has petitioned for these titles:^30/

Administrative Assistant (T. Benti, G. Tenza and E. Kolowizc).


30/ The Association indicated on the record that it had an interest in the Assistant Office Manager, Dorothy Maguire. It did not amend its petition to include this title; therefore, it is not part of this record.

Office Manager

Office Manager Marilyn Spumberg works for Richard Walley, the head of the administrative division (5T58; 8T73; J-8b).^32/ Walley is responsible for the department's inventory control and its human resource and labor relations matters (6T49).

Spumberg opens and stamps Walley's confidential mail (12T3; 12T19), and prioritizes it along with his other mail (8T69-8T70; 13T20). She does the division's payroll (8T57; 8T76). She types the division's proposed budget (7T45-7T46; 8T64) 8T57) and all of the department's personnel action requests for submission to the

31/ This title was petitioned for as being in the engineering department (Cm-l).

32/ In July 1993, Spumberg's title was changed from Maintenance Assistant, a title in the Association's bargaining unit to Office Manager, a confidential position (7T6; 8T53). The Authority excluded Spumberg from the unit at that time. All aspects of her job have remained the same (6T69; 6T72; 7T6), except that her present job title reflects the duties that she has been performing (8T54).

Spumberg and Bruzzichesi's confidential secretary share the office space located between their boss' offices (8T81-8T82). Spumberg answers Bruzzichesi's phones daily from 4 pm to 4:30 pm (8T73; 8T80) and performs other tasks that he may give her (8T72; 8T81). On three or four occassions, Spumberg filled in when the regular replacement for Bruzzichesi's secretary was absent (7T6; 8T80). On those occassions, she typed and opened Bruzzechesi's mail, including mail marked confidential (8T70; 8T72; 12T11)

Three clerks report to Spumberg (7T5; 8T57; R-13; J-8b). She does not do formal evaluations for these employees (8T59). Spumberg can recommend to Walley that the clerks be disciplined, but she has never done this (8T58-8T59).

33/ Bruzzichesi and Spumberg stated that she does not investigate sexual harrassment cases (7T42; 8T63), which must be referred to the Authority's Equal Employment Office (7T64-66; P-2). Spumberg stated that female employees feel more comfortable talking to another woman about their concerns (8T62). She has delt with two complaints; one involved overwork and the other concerned the need for a bathroom key (8T60).

There are two Administrative Assistants in the roadway division: Thomas Benti (northern section) (8T2) and Edward Kolocwiz (southern section) (7T12). They report to division head Robert Geberth (J-8E north and J-8E south; 7T12). Administrative Assistant George Tenza is in the building division and reports to that division's head, Brian Cambel (J-8D; 6T67; 7T12). The Administrative Assistants supervise clerks represented by Local 194 (6T68; 7T12-7T13; 8T13-8T14).

All of the Administrative Assistants perform the same duties, although Benti has more responsibilities for his division's budget (6T72; 7T20-7T21; 7T75). ^34/ The Administrative Assistants supervise and perform adminsitrative and office functions for the their division directors (R-14; 8T4), such as typing, or proofreading a clerk's typing of purchase orders, disciplinary notices (DA-1 form) and performance evaluations (8T20; 8T24; 8T32; 8T42; P-3). They prepare information on materiel and salaries for the division's annual recommended budget (8T5; 8T44).

The Authority argues that Spumberg should be excluded from the unit because she has access to confidential materials and is involved in disciplinary decisions. There are no facts in the record to indicate that Spumberg does more than retrieve files for

34/ The Association relies on Benti's testimony as representative of the duties performed by Kolwicz and Tenza.

The Authority asserts that Spumberg handles sexual harassment complaints from female employees. The testimony is clear that Spumberg's involvment with these matters did not rise to the level of an investigation. Her role is to provide an empathetic ear; serious matters would be referred immediately to Walley (8T67) and the matter would proceed under the Authority's guidelines for investigating sexual harassment complaints.

The Authority contends that because Spumberg types the division's recommended budget and has knowledge of the department's negotiations proposals, she is is privy to negotiations information. The salary information contained in the department's recommended budget is a projection and does not represent the Authority's final negotiations offer. An employee with knowledge of budget information which is not specifically relevent to an employer's bargaining position is not confidential. Orange Tp., D.R. No. 85-23, 11 NJPER 317, ( & 16115 1985).

Once or twice, Spumberg typed contract comments (8T61) and recently she saw a memo marked confidential, from Geberth to Walley, setting out suggested changes to the contract between the Authority and the Association (11T11; 12T17). ^35/ Each department prepares

35/ The memo, dated January 14, 1994, was marked for identification only as R-28. It was used to refresh witnesses' memories and not offered into evidence.

However, Walley and Bruzzechesi have discussed proposed disciplinary action with Spumberg, and have asked her for her opinion (8T77; 8T75; 8T83; 8T84). Knowledge of the employer's disciplinary decision before it is formally adopted and issued to the grievant will make an employee confidential. Sayreville Bd. of Ed., P.E.R.C. No. 88-109, 14 NJPER 341 ( & 19129 1988); State of New Jersey (Div. of State Police), D.R. No. 84-9, 9 NJPER 613 (& 14262 1983) In addition, Spumberg has opened and read confidential mail from the Authority's outside labor counsel when she was filling in for Bruzzechesi's secretary (12T11-12T12). See Cliffside Park Bd. of Ed., P.E.R.C. No. 88-108, 14 NJPER 339 (& 19128 1988). Therefore, I find that Spumberg is a confidential employee.

36/ This is in contrast to the last stage in negotiations when the commissioners have determined the Authority's final offer (9T68). At this point, Grant, Watson and the negotiations teams members write out, rather than have typed, their negotiations notes to ensure confidentiality (9T54; 9T62-9T63).

The Authority contends that the Administrative Assistants are confidential employees because they prepare negotiations materials. Benti does not do salary projections for negotiations (8T46; 8T51). He does prepare figures for the salary line item of the division's recommended budget (8T6; 8T44). These amounts are projections, subject to change when contract negotiations are completed (8T47). (See analysis for the Office Manager, supra .) Benti has projected salaries for use in a report requesting additional staff (11T6). Knowledge of the department's staffing requests, by itself, does not give Benti information on the Authority's negotiations strategy or what its ultimate offer will be in negotiations.

Benti attends staff meetings and takes minutes when negotiations preparations are discussed; and then either types or proofreads the proposals which are submitted to Bruzzechesi (7T21-7T22; 11T20-11T21; 11T24-11T25). ^37/ Benti's involvement with negotiations is limited to these preliminary preparations at the division level (8T7; 11T26). There is no evidence that he knows the Authority's negotiations positions before they are disclosed to

37/ On January 14, 1994, Benti typed Geberth's proposed changes to the Association's agreement and sent them, marked confidential, to Walley, head of the division of administration (11T11-11T12). The proposals were marked as R-28 for identification purposes only and used to refresh Benti's memory.

Finally, the Authority argues that Administrative Assistants are confidential because they are involved in contract administration and the handling of grievances. Benti types or proofreads notices of discipline, a DA-l form (P-3), which contains a statement of displinary charges (8T34). The DA-1 form must be signed off by the employee's supervisor, Bruzzechesi and the director of human resouces before it is served on the employee and distributed to the union representative (P-3; 7T81; 8T36; 11T8). Benti may retype the DA-l if changes are necessary (8T27-8T28; 8T42), thereby delaying final service of the DA-1 to the employee and the union, sometimes for days (8T31). ^39/ Timing of the distribution of a final decision to discipline is important in determining confidential status. If an employee has sufficient advance knowledge of a final disciplinary decision to be able to

38/ There was extensive testimony from Benti that he is not privy to everything Geberth is involved in. Benti does not participate in other discussions among Geberth and his immediate staff concerning negotiations (11T25). Benti does not do all of Geberth's typing, Some typing is done by Bruzzechesi's confidential secretary or by Kolwicz, the administrative assistant for the division's southern section (8T48; 8T52). Benti does not open Geberth's confidential mail (11T13; 11T16; 11T18).

39/ Geberth makes changes within a day (8T29; 8T30); however, changes made at Bruzzechesi's level may involve more time (8T31).

ENGINEERING DEPARTMENT

The Association has petitioned for the following titles:

Assistant Construction Supervisor (John Fisher, William Applegate, Frank DiPersio)
Assistant Project Supervisor (Anna Tatoris, Robert Eggert, Frank Corso)
Bid Supervisor (Catherine Marino)
Engineering Assistant (Raphael Bustos, John Hedden)
File Room Supervisor (Joanne Rizzo)^40/
Engineer I (Structural) (Peter Mwanza)^41/

Wallace Grant, the Chief Engineer, is the Director of the engineering department (9T5). As Chief Engineer, Grant is also responsible for the departments of operations, maintenance and tolls (9T11). The engineering department is organized into five sections, each headed by a Supervising Engineer: Hans Steinbeis in bridges,

40/ The Association amended the petition on the record to include this title (9T66).

41/ The Association amended the petition on the record to include this title (9T3).

Chief Engineer Grant plays a key role in negotiations (9T11-9T12). Grant and the Executive Director work with the negotiations team in developing the Authority's proposals and strategy (9T57; 9T69; 9T71).

Assistant Project Supervisor

Robert Eggert and Frank Corso report to Supervising Engineer Hans Steinbeis in the bridges section (R-18). Eggert and Corso assist Steinbeis on large construction projects. They are also the lead persons on other, smaller contracts from outside consultants concerning bridge maintenance and repairs (9T20-9T21; 9T38; 11T128-11T129), which they prepare and review (10T5; 14T132; 14T144).

Anna Tatoris works in a two person unit within planning (9T74; 11T178; R-18). She reports to Supervising Engineer John Kessler (R-18). Tatoris is responsible for reviewing and processing all applications from municipalities seeking access to Authority properity with utility lines (9T73; 11T178-11T179).

Assistant Construction Supervisors

John Fisher and William Applegate are in the facilities section. They report to Brian Meara, Project Engineer, who reports to the head of facilities, Supervising Engineer Joseph Veni (10T34;

11T54; R-18). Fisher is responsible for supervising the construction done on heating and air conditioning systems in Authority buildings (10T35). Applegate supervises repair and maintenance projects for all Authority buildings, including toll plaza facilities (11T63-11T64). Frank DiPerso is in bridges. He reports to Supervising Engineer Hans Steinbeis (11T82) and is responsible for substructural repairs to bridges (11T81; 11T86; R-21).

Fisher, DiPersio and Applegate work together on survey teams (10T44-10T45; 11T99-11T100; 11T107). The survey team designates which member among them will be the "chief of party," or the lead man (10T37-10T38; 11T107).

File Room Supervisor

Joanne Rizzo, file room supervisor in the administration section reports to the Chief Draftsman, John Ferrandino (10T66; R-18). Rizzo is responsible for records retention (e.g., coding, filing and retrieving) of documents kept in the engineering department (10T67; 10T70). She supervises a file clerk and a senior file clerk (9T65; 10T67; R-18). Rizzo assigns them work and has completed a written evaluation on a probationary employee (10T69; 10T71).

Bid Supervisor

Bid Supervisor Catherine Marino reports to John Kessler, a Supervising Engineer in planning (11T29; R-18). She works in a three person office near the Authority's main administration

building (11T48), along with Project Engineer Jim Dougherty (11T32) and a secretary, Jane Pietraszka (11T30). Marino is responsible for processing bid documents submitted by consultants and contractors (R-22), including preparing bid summaries and reviewing bid opening lists (11T31). She and Dougherty give work to Pietraszka (11T30; 11T32).

Engineering Assistant

Engineer I

Chief Engineer Grant stated that the Engineering Assistant title is not supervisory (9T28). Bustos reports to Assistant Project Supervisor Anna Tatoris. He has no subordinates (11T178; R-18). ^42/

Engineer I is a recently created title in the bridges section (9T33; R-8). Peter Mwanza reports to project engineer Scott Johnson (14T66). He is presently assigned to assist DiPersio on a temporary basis (14T60). He has no subordinates.

The Authority asserts that the Assistant Project Supervisor is not a supervisory title. Eggert and Corso in the bridges section are primarily responsible for projects, beginning with their development through to construction. To that end, they supervise and report on the work of consulting engineers and contractors who

42/ The Association chose not to present the testimony of the other engineering assistants.

I find that Eggert and Corso do not supervise Authority employees. Corso occasionally gives work to a draftsperson (11T140-11T141), over whom he has no supervisory authority (11T148). Eggert's supervision of temporary summer help ceased in 1992 (10T6; 10T9; 14T57). Eggert and Steinbeis indicated that if summer help is hired again it will be assigned to Frank DiPersio, an Assistant Construction Supervisor (10T25; 11T81; 14T60). Supervision must be exercised with some regularity. See Somerset Cty. Guidance Ctr., D.R. No. 77-44, 2 NJPER 358 (1976).^43/

Eggert and Corso testified that they "supervised" Assistant Construction Supervisor DiPersio. Eggert indicated that he supervises most of DiPersio's work (10T27); Corso stated that for 30% to 40% of his time (when he is the lead person on a project) he also supervises DiPersio (11T131). Eggert, Corso and DiPersio, along with Peter Mwanza, Engineer I and Scott Johnson, Project Engineer, are in the design project and development group under Steinbeis (R-18; 14T66; 14T67). Eggert, Corso and DiPersio work together on projects as a team (10T12; 10T22; 10T23; 11T116; 11T131; 11T135; 11T82). Eggert and Corso "prepare the job in the office"

43/ Directing the work of summer help is not indicative of supervisory status. Effectively recommending the hiring, firing or disciplining of these employees is. See Boro. of Edgewater, D.R. No. 92-27, 18 NJPER 230, ( & 23103 1992). There is no evidence that Eggert or Corso have regularly done this.

I find that Eggert or Corso do not supervise DiPersio. Eggert and Corso are identified as the lead person on a project from design to construction (11T116; 11T153; 11T154; 14T56). Steinbeis assigns DiPersio's work (11T138; 14T57) and does not seek input from Eggert or Corso when doing DePersio's performance evaluation (10T19-10T20; 10T31; 11T136; 14T59) ^44/ Steinbeis, not Eggert or Corso, would discipline DiPersio, if a problem should arise (1021; 11T139). Acting in a lead capacity, overseeing and directing the work of other employees does not make an employee a supervisor within the meaning of the Act. Hackensack Bd. of Ed., P.E.R.C. No. 85-59, 11 NJPER 21 ( & 16010 1985); Union Cty. Bd. of Soc. Services, D.R. No. 87-29, 13 NJPER 509 ( & 18190 1995).

I also find that Tatoris, in the permit and licensing section of planning, is not a supervisor. She works with Raphael Bustos, an Engineering Assistant (11T156; R-18), who processes

44/ Steinbeis casually asked Eggert about DiPersio's performance "awhile ago." (10T19). Eggert further testified that he does not get involved in DiPersio's evaluation and that Steinbeis asks him about DiPersio "whenever he feels like it" (10T31). The informal nature of the inquires persuades me that Steinbies did not need Eggert's input in order to complete an evaluation of DiPersio.

Assistant Construction Supervisor

The Authority asserts that the Assistant Construction Supervisor title is not supervisory. During the construction season, the Assistant Construction Supervisors, Fisher, Applegate and DiPersio, are in the field supervising the work of contractors (10T35; 11T53; 11T89). ^45/ Depending on the number of projects under construction, Fisher, Applegate and DiPersio are assigned summer help or part-time employees to assist them (10T25; 10T36-10T37; 10T44; 10T53; 11T52; 11T57; 11T61; 11T81; 11T92). During the 1994 summer construction period, Fisher spent approximately 60% of his time supervising a part-time Engineering

45/ Most of the Authority's construction work is done between April and November, weather permitting (14T63; 11T105; 10T7).

Fisher and Applegate are asked by their supervisors to give verbal evaluations of the assistants assigned to them (10T40; 10T50; 11T73). Fisher was asked to verbally evaluate a summer assistant who was then hired as his part-time assistant. Recently, Fisher was again asked for his opinion of this employee for promotion to a full-time position (10T40). DiPersio commented extensively to Steinbeis on Robert Eggert's performance before he was promoted from Engineer I to Assistant Project Assistant three years ago (11T84-11T85). He expects to give Steinbeis the same input on Mwanza (11T82).

I find that Assistant Construction Supervisors are not supervisors under the Act. Supervisory authority must be exercised regularly. Fisher and Applegate are assigned assistants, if their work load dictates help and if it is available. Of the two, Fisher has worked consistently with summer help. DiPersio, who usually

works with an assistant, is working with a full time employee, Engineer I Peter Mwanza, because summer help could not be hired before the start of the construction season. Therefore, of the three Assistant Construction Supervisors, Fisher and DiPersio are regularly directing the work of assistants during the construction season.

However, there is no evidence that Fisher and DiPersio are effectively recommending hiring or otherwise acting as supervisors withing the meaning of the Act. Fisher and DiPersio provide verbal evaluations of their assistants' performance to their supervisors. But Fisher could not say that the part-time employee he recommended for a full-time position would be hired (10T40). There is no confirmation in the record that Fisher's verbal recommendation was the basis for hiring this employee into a part-time position when he was a summer helper. DiPersio will give his appraisal of Mwanza to Johnson, but Johnson will continue to assign Mwanza's work and will do his formal evaluation (14T68).

File Room Supervisor

The Authority argues that Rizzo is not a supervisory employee. Rizzo's title was recently recreated. When the engineering department was reorganized in 1991 (9T7), the position of File Room Supervisor was eliminated. Within two years, Grant and Ferrandino decided that the file room could not be managed without an immediate supervisor. In order to provide that supervision, the former title, File Room Supervisor, was recreated (9T64-9T65), with new duties (9T64).

Rizzo directs the work of the two employees under her. She is expected to report any disciplinary problems that arise to her supervisor, Ferrandino (10T73). She has completed a written performance evaluation of a probationary employee and will evaluate the clerks for promotions (10T70). Therefore, I find that Rizzo is a supervisor.

Bid Supervisor

The Authority asserts that Marino is not a supervisor. There is no evidence that Marino has any supervisory authority over Pietraszka. Pietraszka recently transferred into the secretary's position (11T34). Kessler did Pietraszka's probationary performance evaluation without asking Marino for her input (11T37). In a recent conversation with Chief Engineer Grant, Marino had told him that Pietraszka was performing well (11T31; 11T45). This information was volunteered, however, and does not constitute evidence that Marino makes effective recommendations on Pietraszka's evaluation.

Engineering Assistant

Engineer I

There is no evidence on the record that either of these titles supervises other employees. Therefore, I find that they are not supervisors.

Assistant Construction Supervisor (John Fisher, William Applegate, Frank DiPersio)

Assistant Project Supervisor (Anna Tatoris, Robert Eggert, Frank Corso)
Bid Supervisor (Catherine Marino)
Engineering Assistant (Raphael Bustos, John Hedden)
Engineer I (Structural) (Peter Mwanza)

I also recommend that the Commission find that the File Room Supervisor, Joanne Rizzo, is a supervisor and appropriate for inclusion in the unit.

Finance and Budget Department

The Association has petitioned for the following titles:

Assistant Payroll Supervisor (Marilyn Barwick)
Payroll Supervisor (Susan Sahli)
Receipts Supervisor (Joanne Cannella)
Credit and Collections Supervisor (Barbara Demetski)
Disbursement Supervisor (Diane Titus)
Assistant Disbursement Supervisor (Karen Higgins)
Budget Coordinator (Susan Intromasso)
Audit Operations Supervisor (John Pagliarulo)
Assistant Auditor (Kevin Langon)
Supervisor Ticket Process

Comptroller Catherine Schladebeck is the Director of the department of finance and budget. Reporting to Schladebeck are the Assistant Comptroller of revenues and administration, Cindy Ziegler and Assistant Comptroller for budget and expenses, Pam Varga (R-29). Schladebeck is responsible for all the financial activites of the Authority, including developing its annual budget, managing the payroll, disbursing invoices, conducting internal audits and participating in the planning and financing of capital projects (12T23-12T24; 12T36).

The department is organized into six units: payroll and cash management under Assistant Comptroller Zeigler; capital

programs and disbursement under Manager Dale Jones; and general accounts, toll audits and internal audits under Assistant Comptoller Varga (R-29).

The Finance and Budget Department's Role in
Collective Negotiations and Budget Preparations

Schladebeck is involved in the Authority's labor negotiations process from the beginning. As soon as a union submits its initial demands to the Authority, Schladebeck prepares an analysis of the demands' economic impact on the Authority (12T119-12T120; 13T13-13T14; 13T48). She submits this report to the negotiations team, along with each department's appraisal of the demands and their suggested proposals for changes to the agreement (7T21-7T22; 13T18; 13T19; 13T48).

Schladebeck is kept informed of the progress of negotiations (12T110). The negotiations team asks her to do cost projections or recalculations of economic proposals (12T117; 12T122; 13T38; 13T49). She assigns specific cost projections to the Managers or the Supervisors of either payroll or general accounting: payroll costs out demands affecting salary (medical, uniform or car allowances) (13T14; 13T18; 14T50), whereas general accounting calculates payroll and other costs (e.g., vehicle purchase) (13T17; 13T19; 13T89). She puts the information together and reports back, either verbally or in writing, to the negotiations

team (12T123; 13T14; 13T19).^46/ The negotiations team tells Schladebeck what the Authority's final offer is (12T118; 13T51).

For a fiscal year during which negotiated agreements have expired, Schladebeck recommends to the Executive Director the percent increases to be used to calculate the salary for the Authority's proposed annual budget (12T126; 12T127). ^47/ After the executive director determines what percents are to be applied to salaries, the general accounting unit calculates the salary and benefits for each departmental budget (12T3; 13T40) and prepares the the Authority's proposed budget (13T96).

Payroll Supervisor
Payroll Assistant Supervisor

The payroll unit under Assistant Comptroller Ziegler is responsible for the payroll, all payroll deductions and income benefits (13T65). The Manager of payroll is Marilyn Bobertz. Reporting to Bobertz is Susan Sahli, Payroll Supervisor (13T8; R-29). Sahli's primary responsiblity is to prove the payroll (13T58). She also ensures that payroll records are maintained and

46/ Occassionally, the negotiating team has requested the Assistant Comptroller of budgeting and expenses, Pam Varga, to cost out a proposal (12T122). Varga will either do the calculations herself or give the assignment to one of her subordinates. Varga delivers the final report to the negotiations team (12T124).

47/ Different percentages are used for the different employee categories: The categories are Local 194 bargaining unit members, Association bargaining unit members and other unrepresented employees and/or "management" (13T93).

Sahli fills in as manager six week per year when Bobertz is on vacation or whenever she is sick. When she is acting Manager, Sahli is expected to assume all of Bobertz's responsibilites, including meting out discipline (12T55; 13T66).

Reporting to Sahli is Margaret Barwick, Assistant Supervisor of payroll (13T8; 14T46; R-29). Sahli and Barwick daily review the work of the payroll clerks that report to Barwick (13T58; 14T41). Bobertz does formal performance evaluations of Sahli, Barwick and the payroll clerks (14T42). Sahli testified that "they don't do evaluations on the unit" (13T60). However, Bobertz stated that she does evaluations (14T42). I credit the testimony of Bobertz, who is the manager of the unit and has completed written evaluations. Bobertz seeks verbal input from Sahli about Barwick and the clerks (13T59; 14T46). Sahli and Bobertz decide on the rotation of work assignments for the payroll clerks' (13T68). Bobertz recently followed Sahli's recommendation for correcting a disciplinary problem affecting the office (13T70-13T71).

Barwick, the Payroll Assistant Supervisor under Sahli, directs the daily work of six payroll clerks, giving out assignments and ensuring that they are completed. She has more of a "hands on"

relationship with the clerks than Sahli (13T58; 14T41); therefore, Bobertz asks Barwick as well as Sahli for input on the clerks' performance (14T42).

Throughout the life a negotiated agreement, Bobertz asks Barwick to compile information on the cost of negotiatied benefits (14T43; 14T45).*@FNBobertz gives Barwick the assignments verbally unless the assignment is complicated, then Bobertz may show Barwick the request (14T51-14T52).@ Barwick may also do cost projections related to negtiations (13T15; 14T43) however, she is less likely to be asked to do this than Sahli (13T15).

Receipts Supervisor

Joanne Cannella, the Receipts Supervisor in the cash management unit, reports directly to the Assistant Comptroller Cathy Zeigler (12T81). She is responsible for maintaining accurate receipts records (R-35). She supervises a Junior Accountant Marilee Garbowski (13T79) and does formal performance evaluations of her work (12T72; 12T81; 13T28). Cannella is not involved with negotiations or budget preparation (13T81).

Budget Coordinator

Susan Intromasso is the Budget Coordinator in the general accounting unit. She reports directly to the Assistant Comptroller Pam Varga (13T88; R-28). Intromasso monitors expenditures under the current budget, prepares the Authority's proposed budget and completes financial reports and agenda (12T65; 13T21; 13T91; 13T92). She supervisors an Assistant General Account Supervisor and

Junior Accountants (13T88). She assumes some of the duties of the Assistant Comptroller in her absence (12T81).

Supervisor Credit Collections

Barbara Demetski is the Supervisor of Credit Collections in the cash management unit (13T26; R-29). She is responsible for the Authority's charge accounts (13T117). She assigns and reviews the work of Annie Mann, a Junior Accountant who was recently transferred into credit collections (13T118; 13T122). Demetski has not done a formal evaluation of Mann (13T118).

Disbursements Supervisor

Assistant Disbursements Supervisor

Denise Titus, the Disbursement Supervisor in the capital program and disbursement unit, reports to Manager Dale Jones (13T6-13T7). Titus is responsible for paying invoices for goods and services performed, such as legal counsel (12T65-12T66; 13T7). She supervises Clerks, Accounts Clerks, a Disbursements Clerk and a recently appointed Assistant Disbursement Supervisor Karen Higgins (12T67; 13T82; R-29). Titus has been directed to perform Higgin's formal evaluations (13T82), as well as informal evaluations "on a regular basis" (13T83). Higgins directs the daily work of the clerks and generally assists Titus and Jones (14T16).

Audit Operations Supervisor

John Pagliarulo, the Audit Operations Supervisor in the audit operations unit, reports directly to Manager Renate Wachtler

(14T30; R-29).^48/ Pagliarulo is responsible for compiling statistics, producing revenue reports and conducting audits for variances between the computerized tally of toll receipts and the receipt monies deposted in the bank (12T34; 14T32).

Pagliarulo supervises 12 employees: Audit Coordinators, Data Analysts and Senior Data Analysts (14T31; R-29). He is responsible for doing performance evaluations of these employees (14T32). He is not involved in the labor relations process (13T39).

Assistant Auditor

Kevin Langon, the Assistant Auditor, reports directly to the Internal Auditor in the internal audits unit (R-29). ^49/ He helps plan internal audits on the Authority's health and dental programs, car inventories, purchasing procedures and toll collections (13T103; 13T105; 13T109; 13T114). He also assists the Authority's external auditors with their audits (12T41). Two Junior Auditors report to Langon (R-29). He assigns and reviews their work and gives input to the Internal Auditor for their performance evaluations (12T51).

48/ Pagliarulo was recently appointed to this position, replacing Linda Reager (14T31).

49/ Langon is presently filling in as the acting Internal Auditor (13T103).

The Authority argues that Sahli is a confidential employee because she does salary projections for negotiations and is able to deduce the Authority's final offer. Sahli was one of four employees who worked on payroll issues (13T14): She, Bobertz and, to a lesser extent, Barwick gathered information and did projections as did Sue Intromasso, the Disbursements Supervisor in general accounting (13T92). Sahli was not told that she was working on negotiations reports (13T72); therefore, she could not tell whether she was preparing reports on union demands or proposals from the Authority (13T57; 13T73) ^50/ It was two months after she prepared one report that the Local 194 agreement was settled and it was a year and a half after she prepared a second report that the Association agreement was adopted (14T53-14T54). Because of this time lag, Sahli could not determine if the proposals she worked on had been accepted, rejected or modified (13T35; 14T51). ^51/ I find that Sahli cannot determine the Authority's negotiations strategy or its final offer. ^52/

50/ Sahli figured that the reports she was working on were for negotiations because the parties were negotiating when she was asked to do the reports (13T72).

51/ Schladebeck concluded that it is not possible to deduce the Authority's final offer, even if an employee knew what the smallest percentage projected was (13T16; 13T53).

52/ See Tp. of Barnegat, supra. Compare Old Bridge Tp. Bd. of Ed., D.R. No. 82-17, 7 NJPER 639 ( & 12287 1981), where an employee was found to be confidential who had prepared the employer's initial negotiation proposal and had advance knowledge of the employer's maximum salary proposal.

The Authority asserts that Sahli is not a supervisory employee. Although Sahli is expected to impose discipline if needed when she is acting Manager in Bobertz's absence, there is no evidence that she has done so. Bobertz recently followed Sahli's recommendation to remedy a disciplinary problem that involved the entire office. Supervisory authority must be excercised with some regularity. Mere possession of such authority is insufficient to sustain a claim of supervisory status. Hackensack Bd. of Ed., P.E.R.C. No. 85-59, 11 NJPER 21 ( & 16010 1984).

Bobertz seeks Sahli's input for evaluations of Barwick, who recently assumed the title of assistant supervisor and was evaluated as a probationary employee. But Bobertz did the formal written evaluation. Effective recommendation may be found where an employee has the primary responsibility for evaluating employees and those

evaluations are instrumental in various personnel action, such as decisions to withhold increments. Paramus Bd. of Ed., supra. Sahli's contribution to Barwick's evaluation is more like a consultation with Bobertz than effective recommendation. Therefore, I find that Sahli is not a supervisor.

Assistant Supervisor Payroll

The Authority argues that Barwick is confidential. The record indicates that Barwick was less involved in preparing for negotations than Sahli. Barwick cannot have more knowledge of the Authority's negotiations strategy than Sahli, whom I found not to be confidential. Therefore, I find that she is not a confidential employee.

The Authority objects that Barwick is not a supervisor. Sahli, rather than Barwick, is responsible for the administrative decisions that affect the unit. Therefore, I find that Barwick acts under the guidance of Sahli, in a lead capacity, directing the daily work of the clerks.

Receipts Supervisor

The Authority objected on the record to including the Receipts Supervisor on the basis of a supervisory conflict of interest with the Junior Account (13T80). However, the Association amended its petition on the record to withdraw this title (12T29). Instead, the Authority contends in its brief that Cannella is not a supervisory employee. Cannella has conducted formal evaluations of Garbowski. Conducting performanace evaluations that affect

personnel decisions, such as pay increases, is indicia of supervision. ^53/

Budget Coordinator

The Authority objected on the record that Intromasso is confidential (13T88). I note that the Association did not argue in its brief for the inclusion of the Budget Coordinator. Intromasso is given the percent used to figure salary and benefits costs for each department when the proposed budget is prepared (13T94; 13T101). This salary information only shared with department heads and is not part of the budget that is made public (13T25; 13T96). ^54/ In effect, in a fiscal year when negotiations are ongoing, Intromasso knows what the Authority's maximum offer would be. Knowing this and what cost projections were requested throughout negotiations (13T88), puts her in a unique position to be able to determine what the Authority's strategy is (13T52). See Old Bridge Tp. Bd of Ed., supra.

Supervisor Credit Collections

Demetski regularly assigns work to Mann. Although O'Connor, the head of the cash management, asked Demetski about Mann's performance (13T119), there is no evidence that O'Connor used the input for a formal evaluation of Mann. Acting in a lead capacity, overseeing and directing the work of another employee does

53/ See Emerson, supra.

54 / Salaries and benefits are reported in the public budget as a gross sum, not broken down by department (13T25; 13T26).

Disbursements Supervisor

Assistant Disbursements Supervisor

Titus and Higgins do not work on the Authority's projected budget, nor are they involved in the negotiations process (13T8; 13T81-13T82). The Authority asserts that Titus and Higgins are confidential employees because they review the itemized bills or invoices from the Authority's labor counsel, which the Authority argues contain confidential labor relations information.

The bills from labor counsel give dates on which legal services were rendered, names of the Authority employees involved and brief descriptions of topics covered (13T87; 14T17; 14T27). ^55/ Time sheets may also be attached to the invoice (14T27). Titus and Jones testified that nothing listed on the invoices or the attachments reveal the substance of the legal advice given (13T87; 14T29). Without more, there is no evidence to support a finding that confidential information is contained in the invoices. Therefore, I find that Titus and Higgins are not confidential employees.

55/ Jones characterized a typical description as, "Prepare for negotiations with such and such" (14T21).

I find that Higgins is not a supervisory employee. Higgins directs the daily work of the Clerks, but she does not have any supervisory responsibles toward them. Jones does the evaluations of the Clerks (12T91). ^57/ Acting in a lead capacity, overseeing and directing the work of other employees is not indicative of supervisory status. Hackensack Bd. of Ed., supra.

Audit Operations Supervisor

The Authority argues that John Pagliarulo, the Audit Operations Supervisor, is not a supervisor. Wachtler, Pagliarulo's supervisor, testified unequivocally that he performs evaluations. Based on this unrefuted testimony, I find that Pagliarulo is a supervisor.

56/ See Emerson, supra.

57 / Jones stated that Higgins assits him and Titus (14T16). But Higgins is new to this position whereas Titus has been in the title for two years (13T6). Therefore, I conclude that Higgins is not in a position to give effective input to Jones.

There has never been an instance of a Toll Plaza Supervisor being investigated (14T35). Further, Pagliarulo does not have the authority to make effective recommendations for discipline. Any recommendations made by Pagliarulo would be subject to review by his supervisor, Watchtler, who would make her own determination whether the matter should be reported to Burke, Director of tolls (14T34). Director Burke, in turn, independently decides to discipline employees in his department (13T114). Therefore, the evidence does not demonstrate that including the Audit Operations Supervisor in the existing unit would create a actual or potential conflict of interest with other supervisors in the unit.

Assistant Auditor

The Authority argues in its brief that Langon is not a supervisor. Neither party examined Langon as to his supervisory duties, because the Authority's stated objection on the record was

that the Assistant Auditor was a confidential title (13T103). There is no evidence to support the Authority's objection. Therefore, based upon the record evidence, I find that Langon is a supervisor.

Langon's unit conducts periodic on-site audits of Toll Collectors and of a plaza's impress fund (13T114; 13T115). Langon, like Pagliarulo, would recommend discipline if the audit revealed a serious error that implicated a Toll Plaza Supervisor (13T112). I find, as I found with Pagliarulo, that placing Langon in the existing unit would not put him in an actual or potential conflict of interest with Toll Plaza Supervisors. (See analysis of Audit Operations Supervisor above.) In three years, after conducting approximately 85 audits, Langon has never recommended discipline. Further, Langon's recommendations would be subject to the same review by toll's Director Burke as would Pagliarulo's recommendations. Tolls conducts their own audit investigations (13T116 and see analysis of Accounts Supervisor and Toll Audit Supervisor, above). Director Burk then makes a decision to discipline based upon his own review (13T114). Therefore, I find that no substantial actual or potential conflict of interest exists between Langon and the toll plaza supervisors.

The Authorty argues that Langon is a confidential employee because internal audit reports produced by his unit are labeled "confidential" and submitted directly to the Comptroller (13T105; 13T106) or to Director Burke (13T114). A finding of confidential status is based on the responsibilities and knowledge of the

employee, not on labels bestowed by the employer. There is no record evidence to indicate that Langon has knowledge of confidential labor relations information because of the audits preformed by his units. He is not involved in the proposed budget process or the Authority's negotiations (13T104). Therefore, I find that the assistant auditor, Kevin Langon, is not confidential.

Supervisor Ticket Process

Neither party offered any testimony or documents in the record on this title. In the absence of record evidence, I cannot render a finding. ^58/

I recommend that the Commission find that the following titles are not supervisors and that they are excluded from the existing unit:

Payroll Supervisor (Susan Sahli)

Payroll Assistant Supervisor (Margaret Barwick)
Assistant Disbursements Supervisor (Karen Higgins)

I also recommend that the Commission find the following titles are supervisors and appropriate for inclusion in the existing unit:

58/ If the Association wishes to represesent this title, the Supervisor Ticket Process may participate in the election by casting a challenge ballot.

Administrative Services and Technology

Microprocessor Prototype Analyst (Alan Zehnbauer)
Telecommunications Supervisor (Deanna Berardi)
Motor Pool Fleet Supervisor (John Nabel)

Engineering

Assistant Construction Supervisor (Anna Tatoris, Robert Eggert, Frank Corso)
Assistant Project Supervisor (John Fisher, William Applegate, Frank DiPerso)
Bid Supervisor (Catherine Marino)
Engineering Assistant (Raphael Bustos, John Hedden)
Engineer I/Structural (Peter Mwanza)

Finance and Budget

Payroll Supervisor (Susan Sahli)
Payroll Assistant Supervisor (Margaret Barwick)
Credit and Collection Supervisor (Barbara Demetski)
Assistant Supervisor Disbursement (Karen Higgins)

Tolls

Accounts Supervisor (Joseph Cervone)
Toll Audit Supervisor (Lenard Blaska)

I also recommend that the Commission find these titles to be inappropriate for inclusion in the existing unit because they are filled by confidential employees within the meaning of N.J.S.A. 34:13A-3(g):

Administrative Services and Technology Department

Computer Operations Supervisor (Joan Chupka)
Purchasing Manager (Nancy Weldon)
Stock Control Supervisor (R. Bellhoff)
Office Services Supervisor (M. Sahli)
Supervisor Ticket Supply (B. Schurr)
Purchasing Coordinator (J. Woodly)

Engineering Department

File Room Supervisor (Joanne Rizzo)

Finance and Budget

Assistant Auditor (Kevin Langon)
Audit Operations Supervisor (John Pagliarulo)
Disbursement Supervisor (Denise Titus)
Receipts Supervisor (Joanne Cannella)

Operations Department

Shift Supervisor (L. Jackson, R. Corso, P. Migut, D. Mulvey, R. Schneider)
Administrative Assistant/State Police (Robert Miles)
Traffic Control Supervisor (G. Glasi, J. Giordano, S. Lewis, R. Vanderstine)
Trailblazer Supervisor (J. Buckley)
Emergency Services Supervisor (R. DeSena, D. DiPaolo)

Illse E. Goldfarb
Hearing Officer


DATED: August 28, 1995
Trenton, New Jersey