D.R. No. 80-26
Synopsis:
The Director of Representation, in agreement with the recommendations of a Hearing Officer, determines that the Overbrook Employees Association does not represent non-medical professional Essex County Hospital employees. The Association is the certified collective negotiations representative of non-professional hospital employees. The certification specifically excludes professional employees from the unit. The Director rejects the claim that professional employees were included in the Association's unit since they voted without challenge in the certification election. The Director notes that if individual employees who were claimed to be professional employees did vote in the election without challenge, these votes may have assisted the Association in establishing its majority status as the representative of nonprofessional employees but would not have established the Association as the negotiations representative for professional employees, contrary to the Commission's determination of the appropriate negotiations unit and the Certification of Representative. The Director further finds that the parties' post-certification conduct confirmed their intent to preserve the unit as defined in the Certification of Representative and that although certain professional employees have designated the Association to process their grievances, the record does not establish that the County recognized the Association as the exclusive representative of non-medical professional employees in a defined collective negotiations unit. The Director remands the proceeding to the Hearing Officer for further hearings on other outstanding factual issues.
PERC Citation:
D.R. No. 80-26, 6 NJPER 117 (¶11062 1980)
Appellate History:
Additional:
Miscellaneous:
NJPER Index:
32.141 33.311 33.45 34.16
Issues:
Decisions | WordPerfect | PDF |
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NJ PERC: | . | - DR 80-026.pdf |
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