D.R. NO. 94-19

STATE OF NEW JERSEY

PUBLIC EMPLOYMENT RELATIONS COMMISSION

BEFORE THE DIRECTOR OF REPRESENTATION

In the Matter of

STATE OF NEW JERSEY,

(DIVISION OF CRIMINAL JUSTICE),

Public Employer,

-and-	Docket No. RO-94-101

N.J. DIVISION OF CRIMINIAL JUSTICE

STATE INVESTIGATORS,

Petitioner.

Appearances:

For the Public Employer

David Collins, Office of Employee Relations

For the Petitioner

Loccke & Correia, attorneys

(Richard D. Loccke, of counsel)

DECISION

On January 24, 1994, the New Jersey Division of Criminal Justice State Investigators filed a Representation Petition with the Public Employment Relations Commission. The Petitioner seeks to represent "all state investigators within the Division of Criminal Justice who are sworn law enforcement officers employed by the State of New Jersey, Division of Criminal Justice."

The State opposes the Petition, citing N.J.S.A. 52:17B-100

which provides:

All unclassified employees of the division shall be deemed confidential employees for the purposes of the 'New Jersey Employer-Employee Relations Act', P.L. 1941, c. 100(C. 34:13A-1 et seq.)

It argues that confidential employees are not entitled to the protection of the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-5.3 et seq. Accordingly, the petition must be dismissed.

The Association argues that "N.J.S.A. 52:17B-100 is directly opposite the mandate provided in the constitution of the State of New Jersey, Article 1, Section 19.

Persons in public employment shall have the right to organize, present to and make known to the State, or any of its political subdivisions or agencies, their grievances and proposals to representatives of their own choosing."

However, P.E.R.C. as an administrative agency is compelled to presume that the statutes it administers are consitutional and cannot consider the merits of the petitioners constitutional argument.

It is apparent that pursuant to N.J.S.A. 52:17B-100, these employees do not enjoy the protection of the Act and accordingly, the Petition is dismissed.

BY ORDER OF THE DIRECTOR

OF REPRESENTATION

Edmund G. Gerber, Director

DATED:	March 15, 1994

Trenton, New Jersey