D.R. No. 80-37
The Director of Representation, in agreement with the findings and recommendations of the Hearing Officer, determines that the VYdec Operator/Word Processor and Principal Clerk/Vydec Relief Operator are clerical employees who are excluded from the Petitioner's negotiations unit and that the Printing Production Coordinator, a recently created position, may be accreted to the Petitioner's unit. The record reveals that the Printing Production Coordinator is not a supervisor within the meaning of the New Jersey Employer-Employee Relations Act and does not have a conflict of interest with other unit members.
D.R. No. 80-37, 6 NJPER 304 (¶11145 1980)
33.45 36.222 16.32 33.35 33.42
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D.R. NO. 80-37
STATE OF NEW JERSEY
PUBLIC EMPLOYMENT RELATIONS COMMISSION
BEFORE THE DIRECTOR OF REPRESENTATION
In the Matter of
NEW JERSEY INSTITUTE OF TECHNOLOGY,
-and- Docket No. CU-79-55
AFSCME, COUNCIL 52, LOCAL 2282,
For the Public Employer
Bruce J. Solomon, attorney
For the Petitioner
Rothbard, Harris & Oxfeld, attorneys
(Nancy Iris Oxfeld of counsel)
On June 6, 1979, a Petition for Clarification of Unit was filed with the Public Employment Relations Commission (the A Commission @ ) by AFSCME, Council 52, Local 2282 ( A AFSCME @ ) raising a question concerning the composition of a collective negotiations unit comprised of operations, maintenance, technical and Special Service employees of the New Jersey Institute of Technology (the A Institute @ ). AFSCME seeks to add to its unit individuals employed in three titles which were created after the formation of its negotiations unit: Printing Production Coordinator, Vydec Operator/Word Processor and Principal Clerk/Vydec Relief Operator. The Institute asserts that the Printing Production Coordinator is a supervisor and that the Vydec Operator/Word Processor and Principal Clerk/Vydec Relief Operator are clerical employees. Supervisors and clerical employees are excluded from AFSCME = s unit.
Pursuant to a Notice of Hearing, a hearing was held before Commission Hearing Officer Dennis J. Alessi on October 31, 1979, at which all parties were given the opportunity to examine and cross-examine witnesses, to present evidence, and to argue orally. The Institute and AFSCME filed timely briefs on January 18, 1980 and February 13, 1980, respectively. Neither party submitted reply briefs. The Hearing Officer issued his Report and Recommendations on April 7, 1980, a copy of which is attached hereto and made a part hereof. Neither party has filed exceptions to the Hearing Officer = s Report and Recommendations.
The undersigned has reviewed the record, including the transcripts and the Hearing Officer = s Report. The Hearing Officer found, and the record supports this finding, that the individuals in the titles of Vydec Operator/Word Processor and Principal Clerk/Vydec Relief Operator, although employed in the Special Services Department, are clerical employees. Clerical employees are specifically excluded from AFSCME = s unit. Accordingly, the undersigned adopts the Hearing Officer = s findings and conclusions with respect to the above classifications.1/
The Hearing Officer further found that the Printing Production Coordinator was responsible for the work of one individual, a Printing Production Specialist, but that the Coordinator, had not exercised the supervisory criteria of hire, fire, discipline, or effective recommendation of the same, with the exception of one isolated incident. In this incident the Printing Production Coordinator recommended to the Director of the Special Services Department that the Specialist be retained after his probationary period. The Hearing Officer noted that the Coordinator was not otherwise involved in employee evaluation and that it was unlikely that the Coordinator would be involved in a grievance disposition.
The undersigned agrees with the Hearing Officer that the Printing Production Coordinator does not exercise supervisory responsibilities as defined in the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-1 et seq. The record does not reveal any incident of actual conflict between the Coordinator and unit members, and the undersigned concludes that the potential for a conflict of interest arising with respect to fellow unit members is remote.
The undersigned, having reviewed the record including the transcripts and the Hearing Officer Report, and noting the absence of exceptions, adopts the findings of the Hearing Officer and in agreement with his recommendations, determines that the Vydec Operator/Word Processor and Principal Clerk/Vydec Relief Operator are excluded from the AFSCME represented unit as clerical employees. Further, the classification of the Printing Production Coordinator is accreted to the negotiations unit effectively immediately.2/
BY ORDER OF THE DIRECTOR
Carl Kurtzman, Director
DATED: May 21, 1980
Trenton, New Jersey
1/ In light of this finding, the undersigned need not determine whether the classifications, which had been in existence for three and a half years and two years, respectively, before the filing of the Petition, could properly be accreted to the unit.
2/ The title, Printing Production Coordinator, was created seven months prior to the filing of the Petition. The Petition was filed prior to the expiration of the existing negotiations agreement. Therefore, accretion is appropriate in accordance with In re Clearview Regional High School Bd. of Ed., D.R. No. 78-2, 3 NJPER 248 (1977); In re Fair Lawn Bd. of Ed., D.R. No. 78-22, 3 NJPER 389 (1977); and In re Bergen Pines Hospital, D.R. No.80-20, 6 NJPER 61 ( & 11034 1980).
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