D.R. No. 79-23

Synopsis:

The Director of Representation amends a Certification of Representative to reflect the affiliation of the certified representative, Municipal Employees for Equitable Treatment, with Council 52, AFSCME, AFL-CIO. The Petitioner demonstrated a continuity of unit composition, unit officers and union delegates. Additionally, the affiliation was effectuated through an election conducted among the membership.

PERC Citation:

D.R. No. 79-23, 5 NJPER 103 (¶10057 1979)

Appellate History:

Additional:

Miscellaneous:

NJPER Index:

22.45 32.97

Issues:

Decisions	WordPerfect	PDF
NJ PERC:	.	- DR 79-023.pdf
Appellate Division:
Supreme Court:

D.R. NO. 79-23 STATE OF NEW JERSEY PUBLIC EMPLOYMENT RELATIONS COMMISSION BEFORE THE DIRECTOR OF REPRESENTATION In the Matter of TOWNSHIP OF TEANECK, Public Employer, -and- Docket No. AC-79-2 COUNCIL 52, AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES, AFL-CIO, Petitioner. AMENDMENT OF CERTIFICATION OF REPRESENTATIVE On August 4, 1978, a Petition for Amendment of Certification (AC-79-2), pursuant to N.J.A.C. 19:11-1.6, was filed with the Public Employment Relations Commission (the A Commission @ ) by Council 52, A.F.S.C.M.E., AFL-CIO ( A Council 52") seeking to amend a Certification of Representative issued by the Commission on May 24, 1976. The initial certification designated A Municipal Employees for Equitable Treatment @ ( A MEET @ ) as the exclusive representative of public employees in a negotiations unit described as including all full-time and permanent part-time white collar employees employed by the Township of Teaneck including Assistant Assessor, Assistant Building Inspector, Plumbing Inspector, Recreation Center Director, Assistant Court Clerk and Senior Engineer, but excluding all Library Employees, School Traffic Guards, Teachers, Department Heads, Managerial Executives, Supervisors, Professionals, Police, Craft, Confidentials, Blue Collar Employees, Non-clerical Police and Fire Department Employees and Assistant Superintendent of Recreation, Assistant Health Officer, Assistant Municipal Engineer, Administrative Analyst, Assistant Fiscal Officer, Assistant Tax Collector, Assistant Municipal Manager, and all other employees employed by the Township of Teaneck. Council 52 herein requests an amendment of the certification to reflect the affiliation of the certified representative with Council 52. The undersigned has caused an investigation to be conducted into the matters included in this Petition. MEET and Council 52 have demonstrated that the membership, upon proper notification, voted 41 to 8 in a secret ballot election held on July 31, 1978, to affiliate with Council 52. Council 52 has also properly demonstrated that there is a continuity of unit composition since the affiliation and that Officers and Delegates have continued in their representative role since affiliation. By letter dated August 21, 1978, the Township indicated that it could not consent to a change in the original certification since it believes that there is a question concerning representation with regard to the existing unit. However, by letter dated October 4, 1978 the Township withdrew its objection to the amendment of certification. The undersigned, after careful consideration of the statements and documents presented by the Petitioner herein, including the foregoing, and in accordance with the Commission = s rules, hereby orders the Certification of Representative amended and designates Council 52, A.F.S.C.M.E., AFL-CIO as the exclusive negotiations representative of the employees in the above- described collective negotiations unit. In consideration of the entire record herein, including the above, and in accordance with the current Commission practice, an Amendment of Certification is hereby directed, designating Council 52, A.F.S.C.M.E., AFL-CIO as the exclusive negotiations representative of the employees in the above-described collective negotiations unit. BY ORDER OF THE DIRECTOR OF REPRESENTATION /s/Carl Kurtzman, Director DATED: March 1, 1979 Trenton, New Jersey ***** End of DR 79-23 *****