D.R. No. 81-7

Synopsis:

The Director of Representation finds that supplemental teachers may vote as to whether they seek to be included in a negotiations unit comprised of the Board's certificated professional staff, but that night school teachers may not be added to the existing unit. The Director finds that the most appropriate unit for the representation of supplemental teachers is a unit of all instructional day personnel. The night school teachers, however, whose educational mission differs from day instructors do not share a community of interest with day personnel.

PERC Citation:

D.R. No. 81-7, 6 NJPER 481 (¶11244 1980)

Appellate History:

Additional:

Miscellaneous:

NJPER Index:

33.333 33.336 33.343 34.16 15.19 33.341

Issues:

Decisions	WordPerfect	PDF
NJ PERC:	.	- DR 81-007.pdf
Appellate Division:
Supreme Court:

D.R. NO. 81-7 STATE OF NEW JERSEY PUBLIC EMPLOYMENT RELATIONS COMMISSION BEFORE THE DIRECTOR OF REPRESENTATION In the Matter of EAST ORANGE BOARD OF EDUCATION, Public Employer, -and- Docket No. RO-80-63 EAST ORANGE EDUCATION ASSOCIATION, Petitioner. Appearances: For the Public Employer, Love & Randall, attorneys (Melvin Randall of counsel) For the Petitioner, Rothbard, Harris & Oxfeld, attorneys (Nancy I. Oxfeld of counsel) DECISION AND DIRECTION OF ELECTION A Petition for Certification of Public Employee Representative was filed with the Public Employment Relations Commission (the A Commission @ ) on October 4, 1979 and amended on November 7, 1979 by the East Orange Education Association (the A Association @ ) seeking to add the titles of supplemental teachers and night school teachers (in positions for which teaching certification is required) to the existing Association unit of professional employees employed by the East Orange Board of Education (the A Board @ ). By letter dated February 27, 1980, the undersigned advised the parties that, pursuant to N.J.A.C. 19:11- 2.6, the information obtained in the administrative investigation was sufficient to resolve the issue concerning supplemental teachers but that there were substantial and material disputed factual issues relating to the night school teacher issue to require the convening of an evidentiary hearing. Pursuant to a Notice of hearing dated February 27, 1980, hearings were held with respect to the night school teacher issue before Commission Hearing Officer Arnold H. Zudick, on May 1 and 5, 1980, in Newark, New Jersey, at which all parties were given an opportunity to examine and cross-examine witnesses, to present evidence and to argue orally. The parties chose not to file post-hearing briefs and the Hearing Officer issued his Report and Recommendations on June 27, 1980, a copy of which is attached hereto and made a part hereof. Neither party has filed exceptions to the Hearing Officer = s Report. The undersigned, having reviewed the entire record including the results of the administrative investigations regarding supplemental teachers and the transcripts and the Hearing Officer = s Report regarding the night school teachers, finds and determines as follows: 1. The East Orange 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. (the A Act @ ), is the employer of the employees who are the subject of this Petition and is subject to the provisions of the Act. 2. The East Orange Education Association is an employee representative within the meaning of the Act and is subject to its provisions. 3. The Association is currently the exclusive representative of a collective negotiations unit including the following employees: classroom teachers, nurses, guidance counselors, librarians, social workers, reading resource teachers, vocational counselors, psychologists, speech correctionists, learning disability teacher consultant, department heads, administrative assistants, supervisors, coordinators and continually employed certified substitutes. These employees are employee during the regular day program offered by the Board. 4. The Association seeks to add to its unit all supplemental teachers and night school teachers (in those positions for which teacher certification is required). The Association contends that these employees share a community of interest with current unit employees and are appropriate for inclusion in the existing collective negotiations unit. 5. The Board disputes the inclusion of the supplemental teachers and night school teachers in the Association = s unit claiming that these employees do not share a community of interest with current unit employees. 6. Regarding the supplemental teacher issue, the Board = s position focuses upon the supplemental teachers = specialized employment as a factor which precludes a community of interest with other Board professional personnel. However, the undersigned has previously found that a community of interest is shared among personnel who directly provide instruction to regular classroom students. Accordingly, the undersigned has found that various professional education personnel may be included in negotiations units with other professional personnel notwithstanding the part time or per diem nature of their employment. In re Newark Bd. of Ed., D.R. No. 80-1, 5 NJPER 314 ( & 10170 1979) (part time psychiatrists); In re Fair Lawn Bd of Ed., D.R. No. 78-22, 3 NJPER 389 (1977) (support teachers Accreted to a unit of regular teaching personnel). Further, in In re Wayne Bd of Ed., P.E.R.C. No. 80-94, 6 NJPER 54 ( & 11028 1980) the Commission reiterated its policy of discouraging fragmentation in the formation of negotiations units comprised of school district personnel. Subsequent to that decision the undersigned found in In re Hamilton Tp. Bd. of Ed., D.R. No. 80- 23, 6 NJPER 99 ( & 11051 1980), that supplemental teachers are most appropriately included in a unit of regular teaching personnel because supplemental teachers are engaged in providing specialized and individualized instruction to regular classroom students, a function which is immediately related and necessarily adjunct to the education functions performed by full-time classroom teachers. Accordingly, the undersigned determines that supplemental teachers employed by the Board share a community of interest with employees in the existing unit of Board instructional personnel and may vote on the question of representation in this unit. 7. Regarding the night school teachers, the Commission Hearing Officer evaluated several factors relating to community of interest consideration respecting the night school teachers and regular day school teachers. His recommendation was based upon an analysis of the working conditions and benefits inuring to both categories of personnel as well as the educational mission of these personnel. The Hearing Officer emphasized the differences in educational mission and philosophy between the day program and the night program. The undersigned is an agreement with the Hearing Officer = s analysis. There is ample evidence in the record to support his factual findings. The Hearing Officer properly analyzed the issues with respect to community of interest and correctly found that night school personnel do not share a community of interest with day personnel. Accordingly, the undersigned adopts the Hearing Officer = s findings of fact and recommendations with respect to this issue and dismisses this aspect of the Petition. Accordingly, the undersigned determines that the Board = s supplemental teachers share a community of interest with instructional professional personnel currently included in the Association = s negotiations unit. Therefore, the undersigned finds that the appropriate unit for collective negotiations is: all classroom teachers, nurses, guidance counselors, librarians, social workers, reading resource teachers, vocational counselors, psychologists, speech correctionists, learning disability teacher consultant, department heads, administrative assistants, supervisors, coordinators, continually employed certified substitutes, and supplemental teachers, but excluding the superintendent of schools, secretary-business manager, assistant to secretary-business manager, principals, directors, assistant principals, assistant directors, assistants to the director and night school teachers. Pursuant to N.J.A.C. 19:11-2.6, the undersigned directs that an election be conducted among the supplemental teachers. The election shall be conducted no later than forty-five (45) days from the date set forth below. Those eligible to vote are the supplemental teachers 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 in person 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 Public Employer is directed to file with the undersigned and with the Association 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 Association 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 East Orange Education Association. The exclusive representative, if any, shall be determined by the majority of valid ballots cast be 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 ___________________________ Carl Kurtzman, Director DATED: August 22, 1980 Trenton, New Jersey ***** End of DR 81-7 *****