Back

D.R. No. 78-15

Synopsis:

The Director of Representation amends a certification of representative to reflect the fact that the previously unaffiliated employee organization (Essex County Hospital Center Professional Mental Health Personnel Association), has affiliated with Council 52, AFSCME, AFL-CIO. The membership of the Association voted to affiliate in a secret ballot election after due notice. There has been a complete transfer of officers and members of the unit.

PERC Citation:

D.R. No. 78-15, 3 NJPER 328 (1977)

Appellate History:



Additional:



Miscellaneous:



NJPER Index:

220.10 220.20

Issues:


DecisionsWordPerfectPDF
NJ PERC:.DR 78-015.wpdDR 78-015.pdf - DR 78-015.pdf

Appellate Division:

Supreme Court:



D.R. NO. 78-15 1.
D.R. NO. 78-15
STATE OF NEW JERSEY
PUBLIC EMPLOYMENT RELATIONS COMMISSION
BEFORE THE DIRECTOR OF REPRESENTATION

In the Matter of

ESSEX COUNTY BOARD OF CHOSEN
FREEHOLDERS (ESSEX COUNTY HOSPITAL
CENTER),

Public Employer,

-and- Docket No. AC-78-1 &
RO-78-14
COUNCIL 51, AFSCME, AFL-CIO,

Petitioner.

Appearances:

AMENDMENT OF CERTIFICATION OF REPRESENTATIVE

On August 9, 1977 a Petition for Amendment of Certification (AC-78-1), pursuant to N.J.A.C. 19:11-1.6, was filed with the Public Employment Relations Commission (the A Commission @ ) by Council 52, AFSCME, AFL-CIO ( A Council 52") seeking to amend a Certification of Representative issued on April 1, 1974 to the Essex County Hospital Center Professional Mental Health Personnel Association (the A Association @ ). The above-referenced certification designated the Association as the exclusive negotiations representative of public employees in a negotiations unit described as including all Psychiatric Social Workers, Social Case Workers - Institutions, and Senior Psychiatric Social Workers employed by the Essex County Hospital Center at the Essex County Hospital Center and the Essex County Guidance Center. Council 52 herein requests an amendment of the certification to reflect the affiliation of the certified representative with Council 52. Previous to the filing of the instant Petition for Amendment of Certification, Council 52 had filed a Petition for Certification of Public Employee Representative (RO-78-14) with respect to the same unit of employees.
The undersigned has caused an investigation to be conducted into the matters and allegations involved in the Petitions. Council 52 and the Association have demonstrated that the membership of the Association voted by secret ballot in an election conducted to decide whether the Association should affiliate with Council 52. Upon proper notification, an election was held on August 4, 1977 in which the membership of the Association voted to affiliate with Council 52.
Council 52 has also demonstrated that there is a continuity of unit composition and that there has been a complete transfer of Association officers and members of the unit.
Initially, the public employer, Essex County Board of Chosen Freeholders (Essex County Hospital Center), stated a position questioning the appropriateness of the amendment of certification; however, subsequent to an informal conference conducted by a Commission staff representative the County stated a position of neutrality with respect to the matter.
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.
Council 52 has indicated that upon the completion of the requirements for amendment of certification it desires to withdraw, without prejudice, the Petition for Certification of Public Employee Representative. This request is hereby approved and the matter docketed as RO-78-14 is hereby closed.
BY ORDER OF THE DIRECTOR
OF REPRESENTATION

/s/Carl Kurtzman, Director
of Representation

DATED: October 24, 1977
Trenton, New Jersey
***** End of DR 78-15 *****