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E.D. No. 76-20
Synopsis:
An Unfair Practice Charge has been filed which seeks to block an election based upon allegations of improper conduct in the procurement of the showing of interest. This decision is issued in conjunction with the Decision and Direction of Election in E.D. No. 76-19.
The Executive Director determines that in this matter, the on-going representation process provides an adequate forum and remedy for the allegations raised in the Unfair Practice Charge, as they have also been raised in that proceeding. The use of the representation process herein affords a more expeditious result and one more consistent with the policies of the Act. The holding of an Unfair Practice Hearing prior to an election in this case, might exert undue pressure on the employees, thus jeopardizing the fairness of the election. It would also undermine the confidentiality of the showing of interest and allow the charging party to achieve in the Unfair Practice proceeding that which is specifically prohibited in the representation case. For these reasons the Executive Director refuses to issue a complaint.
PERC Citation:
E.D. No. 76-20, 2 NJPER 32 (1976)
Appellate History:
Additional:
Miscellaneous:
NJPER Index:
215.01 220.01 220.3092 421.10 421.226
Issues:
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| NJ PERC: | . |  - ED 76-020.pdf |
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