D.R. No. 82-56

Synopsis:

The Director of Representation, adopting the recommendations of a Hearing Officer, determines that Department Chairpersons; Supervisors of Music, Mathematics, Reading, Health, Safety & Physical Education, and Coordinators of Foreign Language and Home Economics are supervisors within the meaning of the Act, and should be removed from a unit of employees which includes nonsupervisory teaching personnel. These employees may participate in an election to designate or reject a negotiations representative in a separate unit of supervisors.

The Director, adopting the additional recommendations of the Hearing Officer, determines that the Coordinator of Science and the Guidance Department Chairperson at North Junior High School are not supervisors within the meaning of the Act.

PERC Citation:

D.R. No. 82-56, 8 NJPER 383 (¶13175 1982)

Appellate History:

Additional:

Miscellaneous:

NJPER Index:

16.32 33.42

Issues:

Decisions	WordPerfect	PDF
NJ PERC:	.	- DR 82-056.pdf
Appellate Division:
Supreme Court:

D.R. NO. 82-56 1. D.R. NO. 82-56 STATE OF NEW JERSEY PUBLIC EMPLOYMENT RELATIONS COMMISSION BEFORE THE DIRECTOR OF REPRESENTATION In the Matter of BLOOMFIELD BOARD OF EDUCATION, Public Employer, -and- Docket No. RO-81-78 BLOOMFIELD ADMINISTRATORS AND SUPERVISORS ASSOCIATION, Petitioner, -and0 BLOOMFIELD EDUCATION ASSOCIATION, Intervenor. Appearances: For the Public Employer Cassetta, Brandon Associates (Raymond A. Cassetta, Labor Consultant) For the Petitioner Wayne Oppito, attorney For the Intervenor Gerald Restaino, NJEA UniServ Representative DECISION AND DIRECTION OF ELECTION a Petition for Certification of Public Employee Representative was filed with the Public Employment Relations Commission ( A Commission @ ) on October 14, 1980, and amended on May 4, 1981, by the Bloomfield Administrators and Supervisors Association ( A Petitioner @ ) who seek to represent in a separate negotiations unit all Department Chairpersons, four Supervisors (Supervisors of Music; Mathematics; Reading; and, Health, Safety & Physical Education), and three Coordinators (Coordinators of Foreign Language - Secondary; Home Economics - Secondary; and Science - Elementary), employed by the Bloomfield Board of Education ( A Board @ ).1/ The above titles are currently included in a negotiations unit represented by the Bloomfield Education Association ( A Intervenor @ ) which represents various nonsupervisory professional titles. The Petitioner argues that the petitioned-for unit is appropriate because the employees in the disputed titles are supervisors within the meaning of the New Jersey Employer- Employee Relations Act, N.J.S.A. 34:13A-1 et seq. (the A Act @ ), and are therefore inappropriate for continued inclusion in the Intervenor = s unit, which is comprised of nonsupervisory employees. In addition, the Petitioner argues that a conflict of interest exists due to the inclusion of the instant titles in the exiting unit. The Intervenor argues that none of the disputed employees are supervisors within the meaning of the Act, and that no conflict of interest exists because of their inclusion in the unit. The Board did not take a position with respect to the unit placement of the disputed titles and indicated that it would accept any determination by the Commission. A hearing was held before Commission Hearing Officer Arnold H. Zudick on January 25, 1982, in Newark, New Jersey, at which time all parties were given an opportunity to examine witnesses to present evidence and to argue orally. The Petitioner filed a brief which was received by March 18, 1982. Neither the Board nor the Intervenor submitted a brief. The Hearing Officer issued his Report and Recommendations on March 31, 1982, a copy of which is attached hereto and made a part hereof. No exceptions to the hearing Officer = s Report and Recommendations have been received. The undersigned has carefully considered the entire record herein, including the Hearing Officer = s Report and Recommendations, the transcript and the exhibits and finds and determines as follows: 1. The Bloomfield Board of Education is a public employer within the meaning of the Act, is the employer of the employees involved herein, and is subject to the provisions of the Act. 2. The Bloomfield Administrators and Supervisors Association and the Bloomfield Education Association are public employee representatives within the meaning of the Act, and are subject to its provisions. 3. The Petitioner seeks certification as the majority representative in a negotiations unit including Department Chairperson, Supervisors and certain Coordinators. The Intervenor currently represents the disputed titles in its unit of professional employees, and seeks dismissal of the Petition. The Board takes no position with regard to the Petition. Since the parties have been unable to agree upon the appropriateness of the unit sought by the Petitioner, a question concerning the representation of department chairpersons, supervisors, and certain coordinators exists, and the matter is appropriately before the undersigned for a determination. 4. The sole issue herein concerns the supervisory status of the disputed titles and whether this determination requires removal of these titles from the Intervenor = s unit and placement in the unit sought by the Petitioner. 5. The Hearing Officer found that Department Chairpersons; Supervisors of Music, Mathematics, Reading, and Health, Safety & Physical Education; and Coordinators of Foreign Language and Home Economics are supervisors within the meaning of the Act. The Hearing Officer recommended that these employees should be removed from the existing collective negotiations unit and be provided with the opportunity to choose separate representation. The Hearing Officer also found that the Coordinator of Science and the Guidance Department Chairperson at North Junior High School were not supervisors and recommended that they remain in the Intervenor = s unit. After a review of the entire record, the undersigned adopts the Hearing officer = s findings of fact, conclusions of law and recommendations. The Act at N.J.S.A. 34:13A-5.3 defines a supervisor as one A having the power to hire, discharge, discipline, or to effectively recommend the same. @ The Act further provides that, with three exceptions, not relevant herein, supervisors may not be included in collective negotiations units with nonsupervisors. There is ample evidence in the record to support the conclusion that the employees, whose removal the Hearing Officer recommended, have effective hiring powers and that their role in the evaluation process places them in a position of making effective recommendations concerning nonrenewal or withholding of increment with regard to nonsupervisory professional staff included in the Intervenor = s unit. Additionally, the record supports the Hearing Officer = s conclusion that the Coordinator of Science and the Guidance Department Chairperson do not have effective input into hiring, nonrenewal, or discipline. Accordingly, for the above reasons, and noting the absence of exceptions, the undersigned adopts the Hearing Officer = s findings and recommendation that the Coordinator of Science and the Guidance Department Chairperson at North Junior High School are not supervisors within the meaning of the Act and should remain in the Intervenor = s unit.2/ The undersigned also adopts the Hearing Officer = s recommendation that department Chairpersons; supervisors of Music, Mathematics, Reading, Health, Safety & Physical Education; and coordinators of Foreign Language and Home Economics are supervisors within the meaning of the Act and should be removed from the Bloomfield Education Association = s unit. Therefore, the undersigned finds that the appropriate unit for collective negotiations is: Department Chairpersons, Supervisor of Music, supervisor of Mathematics, Supervisor of Reading, Supervisor of Health, Safety & Physical Education, Coordinator of foreign Language, and Coordinator of Home Economics, but excluding Coordinator of Science - Elementary, Guidance Department Chairperson at the North Junior High School, managerial executives, confidential employees, teaching staff, craft and clerical employees, and police within the meaning of the Act, and all Principals, Vice Principals, Assistant Principals, Acting Principals and all other employees. Pursuant to N.J.A.C. 19:11-2.6, the undersigned directs that an election be conducted among the above employees. The election shall be conducted no later than thirty (30) days from the date set forth below. Those eligible to vote are the employees set forth above who were employed during the payroll period immediately preceding the date below, including employees who did not work during that period because they were out ill, or on vacation, or temporarily laid off, including those in military service. Employees must appear at the polls in order to be eligible to vote. Ineligible to vote are employees who resigned or were discharged for cause since the designated payroll period and who have not been rehired or reinstated before the election date. Pursuant to N.J.A.C. 19:11-9.6, the Board shall file with the undersigned and with the Petitioner an election eligibility list consisting of an alphabetical listing of the names of all eligible voters together with their last known mailing addresses and job titles. In order to be timely filed, the eligibility list must be received by the undersigned no later than ten (10) days prior to the date of the election. A copy of the eligibility list shall be simultaneously filed with the Petitioner with statement of service to the undersigned. The undersigned shall not grant an extension of time within which to file the eligibility list except in extraordinary circumstances. Those eligible to vote shall vote on whether or not they desire to be represented for the purpose of collective negotiations by the Bloomfield administrators and Supervisors Association. The exclusive representative, if any, shall be determined by the majority of valid ballots cast by the employees voting in the election. The election directed herein shall be conducted in accordance with the provisions of the Commission = s rules. BY ORDER OF THE DIRECTOR OF REPRESENTATION /s/Carl Kurtzman, Director DATED: June 7, 1982 Trenton, New Jersey 1/ The original Petition sought various administrative titles, as well as the Director of Pupil Personnel Services and the Coordinator of Child Study in addition to the above titles. The amendment to the Petition, however, deleted all of these titles from the scope of the unit sought. 2/ The record reveals that although Ms. Lottie Lelek, the Guidance Department Chairperson is not a supervisor within the meaning of the Act, the Board intends to have Ms. Lelek = s replacement function as a supervisor. The Hearing Officer recommended that Ms. Lelek remain in the Intervenor = s unit and that if the Board, when it replaces Ms. Lelek, requires the new chairperson to function as a supervisor, the title would be appropriate for inclusion in the Petitioner = s proposed unit. While this recommendation is consonant with the statutory scheme, the undersigned cannot speculate concerning future factual circumstances and makes no determination. The Hearing Officer sets forth the appropriate procedure to obtain a determination in footnote 21. That procedure may also be utilized by the Intervenor at the appropriate time. ***** End of DR 82-56 *****