D.R. No. 79-9

Synopsis:

The Director of Representation resolves certain challenges concerning the eligibility of voters in a secret ballot election and determines that personnel employed by the County under the Comprehensive Employment and Training Act are public employees within the meaning of the New Jersey Employer-Employee Relations Act, are employees of the County of Somerset, share a community of interest with other County road and bridge department employees, and are eligible to vote in a secret ballot election. The Director concludes that the instant matter does not present circumstances which would warrant deviation from the established policy set forth in In re Passaic County Board of Chosen Freeholders, D.R. No. 78-29, 4 NJPER 8 (¶4006 1977). Accordingly, the Director orders that the challenged ballots be opened and that a revised Tally of Ballots be issued.

PERC Citation:

D.R. No. 79-9, 4 NJPER 397 (¶4179 1978)

Appellate History:

Additional:

Miscellaneous:

NJPER Index:

437.14 452.30

Issues:

Decisions	WordPerfect	PDF
NJ PERC:	.	- DR 79-009.pdf
Appellate Division:
Supreme Court:

D.R. NO. 79-9 1. D.R. NO. 79-9 STATE OF NEW JERSEY PUBLIC EMPLOYMENT RELATIONS COMMISSION BEFORE THE DIRECTOR OF REPRESENTATION In the Matter of COUNTY OF SOMERSET, Public Employer, -and- Docket No. RO-78-168 LOCAL 866, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, Petitioner. Appearances: For the Public Employer Lanigan, O = Connell & Hirsh, Esqs. (Daniel F. O = Connell, of Counsel) For the Petitioner John Broderick, Business Representative DECISION Pursuant to an Agreement for Consent Election approved by the undersigned on June 9, 1978, a secret ballot election was conducted by the Public Employment Relations Commission (the A Commission @ ) on June 21, 1978, among the employees of the County of Somerset (the A County @ ) in the unit described below.1/ In the election, the employees were provided the opportunity to determine whether they desired or did not desire to be represented for the purposes of collective negotiations by the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local 866 ( A Local 866"). Following the election, the parties were served with the Tally of Ballots which showed that the approximately 83 eligible voters, 79 ballots were cast, of which 37 valid votes were cast for Local 866, 31 valid votes were cast against the participating employee representative, and 11 votes were challenged.2/ All challenged votes represent ballots cast by voters who are employed under the federal Comprehensive Employment and Training Act ( A CETA @ ). The challenged votes are determinative of the results of the election. In accordance with the provisions of N.J.A.C. 19:11-9.2(k), the undersigned directed an investigation of the challenges. All parties to the election were provided the opportunity to present documentary and other evidence, as well as statements of position, relating to the challenged votes. The parties have agreed to submit the instant matter directly to the undersigned for a determination without a hearing, said determination to be based upon Stipulations of Fact3/ duly executed by the parties and any briefs/statements of position submitted by them. No briefs/statements of position were filed by the parties. Based upon the Stipulations of Fact and the administrative investigation of the challenged ballots, the undersigned finds and determines the following: 1. The County of Somerset is a public employer within the meaning of the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-1 et seq., as amended (the A Act @ ), and is subject to its provisions. 2. International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local 866 is an employee representative within the meaning of the Act and is subject to its provisions. 3. Local 866 filed a Petition for Certification of Public Employee Representative on April 10, 1978, supported by an adequate showing of interest, seeking to represent a unit of blue collar employees in the County = s road and bridge department. 4. On May 30,1978, the parties executed an Agreement for Consent Election which was approved by the Director of Representation on June 9, 1978. 5. A secret ballot election was conducted by the Commission on June 21, 1978. Ballots which were challenged at the election are sufficient in number of affect the results of the election. Accordingly, the disposition as to the validity vel non of the challenged ballots is properly before the undersigned for determination. 6. No objections to the conduct of the election nor conduct affecting the results of the election have been filed with the Commission. 7. The 11 challenged ballots were cast by County personnel hired in accordance with the provisions of the federal Comprehensive Employment and Training Act, 29 U.S.C. ' 841, et seq. These CETA personnel were employed during the payroll period ending May 15, 1978, the eligibility cut-off date described in the Agreement for Consent Election. 8. The County controls the hiring, firing, promotion, supervising, disciplining and directing of CETA personnel while they are employed by the County, subject to and within the restrictions imposed by the CETA legislation and the U.S. Department of Labor = s rules and regulations enacted pursuant thereto. 10. The indefinite term of a CETA participant = s employment is attributable to the continued availability of federal funding and the allocation of that federal funding within a total County program since all or part of such CETA monies may be utilized at different times for different programs, depending upon the needs of the County. The continued employment for such personnel, in the absence of or in lieu of CETA funding, is dependent upon the ability of the County to substitute its own funding and its desire to offer continued employment. 11. The issues placed before the undersigned by the parties are whether these CETA employees are public employees within the meaning of the Act, and whether they share a community of interest with other County personnel in the proposed unit of employees.4/ The undersigned has addressed the question of the status of CETA personnel previously. The facts herein do not demonstrate any circumstances which would warrant deviation from the prior established policy.5/ In Passaic County, supra, n. 5, the undersigned concluded that CETA personnel A have a sufficient regularity in their employment relationship to be entitled to the protections of the Act and the right to negotiate with their employer as to their terms and conditions of employment, subject to any restrictions that the federal legislation imposes upon the employment relationship. @ In Hudson County, supra, n. 5, the undersigned expanded this discussion in response to the specific claim that CETA personnel were employed under a grant which was limited to a fixed period of time. The undersigned stated: A It is the judgment of the undersigned that the fact that these CETA employees are currently employed under a CETA grant for only ten months as contrasted to the CETA employees in the Passaic County matter whose CETA employment was indefinite does not present a distinction which would warrant a change in the Commission = s enunciated policy. The ten month period of guaranteed employment continues to qualify these CETA personnel as public employees... @ Therefore, in accordance with the facts of the instant matter, and consistent with holdings in prior decisions, the undersigned finds these CETA employees to be public employees within the meaning of the New Jersey Employer-Employee Relations Act, and finds, as in Passaic County, that the County substantially controls labor relations affecting CETA personnel and is the employer of the personnel hired under this federally funded program. The record evidence herein establishes that the CETA personnel share a community of interest with other County road and bridge department employees. Therefore, for the reasons stated in Passaic County, they are eligible voters in this representation election. Accordingly, for the reasons stated above, the undersigned determines that these CETA employees are public employees within the meaning of the Act, are employees of the County of Somerset for the purposes of collective negotiations, share a community of interest with other blue collar employees in the unit agreed as appropriate, and are entitled to participate in the selection of the collective negotiations representative, if any. The undersigned, therefore, directs that within ten (10) days of the date of this decision, the ballots of CETA personnel which have been challenged be opened and counted. The undersigned shall permit the parties to observe the counting of these ballots. After such count, a revised Tally of Ballots shall issue and the undersigned shall issue the appropriate certification as required by the Commission rules. BY ORDER OF THE DIRECTOR OF REPRESENTATION /s/Carl Kurtzman, Director DATED: September 19, 1978 Trenton, New Jersey 1/ A Included: All blue collar employees employed by the County of Somerset in the Road and Bridge Department. Excluded: All Managerial executives, clerical employees, confidential employees, craft employees, professional employees, police and supervisors as defined in the Act, and excluding titles above assistant foremen and excluding bridge foremen, road foremen, road and bridge supervisor and assistant supervisors, and administrative supervisor. @ The Agreement for Consent is attached hereto and made a part hereof (Attachment A A @ ). 2/ Tally of Ballots (Attachment A B @ ). 3/ Stipulations of Fact (Attachment A C @ ). 4/ The parties have stipulated that, if CETA employees share a community of interest with other County road and bridge personnel, the proposed unit would be appropriate for the representation of CETA personnel. 5/ See In re Passaic Cty. Board of Chosen Freeholders, D.R. No. 78-29, 4 NJPER 8 ( & 4006 1977), for a detailed discussion of the issues here involved. Also see, In re County of Hudson, D.R. No. 79-3, 4 NJPER 294 ( & 4147 1978), and In re Township of Mine Hill, D.R. No. 79-4, 4 NJPER 297 ( & 4148 1978) for subsequent analysis. ***** End of DR 79-9 *****