D.R. No. 78-44

Synopsis:

In agreement with the findings and recommendations of a Hearing Officer, the Director of Representation finds that Department Chairpersons and Educational Specialists may vote to be included in a collective negotiations unit presently consisting of Principals, Assistant Principals and Federal Program Directors. The Director finds that the Department Chaipersons and Educational Specialists are supervisors within the meaning of the Act. The Director has ordered that a secret ballot election be held to determine if the Department Chairpersons and Educational Specialists as well as the Federal Program Directors desire to be represented by the Lakewood Administrators' Association, AFSA.

PERC Citation:

D.R. No. 78-44, 4 NJPER 212 (¶4105 1978)

Appellate History:

Additional:

Miscellaneous:

NJPER Index:

437.5

Issues:

Decisions	WordPerfect	PDF
NJ PERC:	.	- DR 78-044.pdf
Appellate Division:
Supreme Court:

D.R. NO. 78-44 1. D.R. NO. 78-44 STATE OF NEW JERSEY PUBLIC EMPLOYMENT RELATIONS COMMISSION BEFORE THE DIRECTOR OF REPRESENTATION In the Matter of LAKEWOOD BOARD OF EDUCATION, Public Employer, -and- Docket No. RO-77-96 LAKEWOOD ADMINISTRATORS = ASSOCIATION, AFSA, Petitioner. Appearances: For the Public Employer John Miraglia, Labor Consultant For the Petitioner William W. Thompson, II, Esq. DECISION AND DIRECTION OF ELECTION Pursuant to a Notice of Hearing to resolve a question concerning representation of employees, a hearing was held before Hearing Officer James F. Schwerin, on January 31, 1978, at which time all parties were given an opportunity to examine and cross- examine witnesses, present evidence, and argue orally. The Lakewood Administrators = Association, AFSA (the A Association @ ) submitted a post-hearing brief on February 17, 1978; the Lakewood Board of Education (the A Board @ ) did not submit a post-hearing filing. The Hearing Officer issued his Report and Recommendations on March 29, 1978, a copy of which is annexed hereto and made a part hereof. No exceptions to the Hearing Officer = s Report and Recommendations have been filed. The undersigned has considered the entire record including the Hearing Officer = s Report and Recommendations and the transcript and on the basis thereof finds and determines as follows: 1. The Lakewood Board of Education 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 @ ), the employer of the employees involved herein, and is subject to the provisions of the Act. 2. The Lakewood Administrators = Association, AFSA, is an employee representative within the meaning of the Act and is subject to its provisions. 3. The Association is the exclusive representative of a negotiations unit consisting of Principals, Assistant Principals, and Directors employed by the Board. The Association has filed the instant Petition for Certification of Public Employee Representative seeking to add Department Chairpersons, Educational Specialists and Federal Program Directors employed by the Board to the above-existing unit. The Board contends that the Department Chairpersons and Educational Specialists are not supervisors within the meaning of the Act and have a conflict of interest with the employees currently in the unit. As to the Federal Program Directors, the Board on the record at the hearing, withdrew its objections to the inclusion of this title. Accordingly, there is a question concerning the representation of certain employees and the matter is appropriately before the undersigned for determination. The Hearing Officer found that both the Department Chairpersons and Educational Specialists were supervisors within the meaning of the Act. The basis for his finding was the involvement of the personnel in these titles in curriculum development, teacher evaluations and recommendations with respect to the hiring of new personnel and the retention of non-tenured teachers. Overall, the Hearing Officer found that the people in these titles performed many of the same functions that Assistant Principals performed. Assistant Principals are currently in the unit represented by the Petitioner. The Board also contended that these titles should not be included in the existing unit due to the difference in work year (ten month as opposed to twelve month) and due to the evaluation of Department Chairpersons by the Principal. The Hearing Officer discounted the former argument as having no merit, and rejected the latter argument due to his finding that some of the current unit members are also evaluated by the Principal. Having reviewed the entire record, the Hearing Officer = s Report and Recommendations, and noting the absence of exceptions thereto, the undersigned finds that there is ample evidence to support the Hearing Officer = s findings of fact, and these are specifically adopted. The undersigned agrees with the Hearing Officer that the Department Chairpersons and Educational Specialists are appropriate for inclusion in the Association = s negotiations unit. The record reveals that the Department Chairpersons and Educational Specialists are supervisors within the meaning of the Act due to the effective recommendations made by these personnel with respect to the hiring of new personnel and the retention of non-tenured personnel. These supervisory employees share a substantial community of interest with the Association = s unit members, often working in conjunction with unit members in areas of curriculum determination and teacher evaluation. The Board = s suggestion that the evaluation of Department Chairpersons by Principals produces a conflict of interest is discounted by record evidence that the similar evaluation by Principals of Assistant Principals, who are undisputed unit members, has not evidenced a conflict of interest. Accordingly, the undersigned directs that a secret ballot election shall be conducted among the Department Chairpersons, Educational Specialists, and Federal Program Directors. The election shall be conducted no later than thirty (30) days from the date set forth below. Those eligible to vote are 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, were on vacation, or temporarily laid-off, including those in military service. Employees must appear in person at the polls in order to be eligible to vote. Ineligible to vote are employees who quit 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 public employer is directed to file with the undersigned and with the employee organizations an eligibility list, consisting of an alphabetical listing of names of all eligible voters together with their last known 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 Lakewood Administrators = Association with a 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 purposes of collective negotiations by Lakewood Administrators = Association, AFSA. The majority representative shall be determined by a majority of valid ballots cast. The election directed herein shall be conducted in accordance with the provisions of the Commission = s Rules and Regulations and Statement of Procedure. BY ORDER OF THE DIRECTOR OF REPRESENTATION /s/Carl Kurtzman, Director DATED: May 23, 1978 Trenton, New Jersey ***** End of DR 78-44 *****