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H.O. No. 81-7

Synopsis:

In a Clarification of Unit Petition filed by the Edison Township Board of Education, a Hearing Officer of the Public Employment Relations Commission, recommends the removal of the non-supervisory titles of guidance employees, cooperative education coordinators and child study team members from the Edison Principals Association. However, the Hearing Officer found that the remainder of the titles in the unit, principals, vice principals, and supervisors, were supervisors within the meaning of the Act and were appropriate for inclusion in the same unit.


The Hearing Officer found that the Association was not a recognized majority representative until the 1968-69 academic year and therefore no established practice or prior agreement existed prior to the effective date of the Act, which may have justified a dismissal of the petition. The Hearing Officer held that the Act prevented the inclusion of supervisory with non-supervisory titles; therefore, the guidance, coordinator and child study team titles were removed from the unit. Finally, the Hearing Officer concluded that there was not sufficient evidence of a potential substantial conflict of interest between principals and vice principals to justify the removal of the vice principals from the existing unit.

A Hearing Officer's Report and Recommendations is not a final administrative determination of the Public Employment Relations Commission. The report is submitted to the Director of Representation who reviews the Report, any exceptions thereto filed by the parties and the record, and issues a decision which may adopt, reject or modify the Hearing Officer's findings of fact and/or conclusions of law. The Director's decision is binding upon the parties unless a request for review is filed before the Commission.

PERC Citation:

H.O. No. 81-7, 6 NJPER 582 (¶11292 1980)

Appellate History:



Additional:



Miscellaneous:



NJPER Index:

33.311 34.19 36.121 36.221 16.32 33.42 36.123 15.11 33.35 33.382 34.19

Issues:


DecisionsWordPerfectPDF
NJ PERC:.HO 81-007.pdf - HO 81-007.pdf

Appellate Division:

Supreme Court:



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