P.D.D. NO. 2004-11

STATE OF NEW JERSEY

BEFORE A DESIGNEE OF THE

PUBLIC EMPLOYMENT RELATIONS COMMISSION

In the Matter of

OCEAN COUNTY COLLEGE,

Public Employer,

-and-	Docket No. PD-2004-008

SUPPORTIVE STAFF ASSOCIATION OF

OCEAN COUNTY COLLEGE/NJEA,

Petitioner.

SYNOPSIS

The Supportive Staff Association of Ocean County College/NJEA filed a petition for payroll deduction determination pursuant to N.J.S.A. 34:13A-5.5 and N.J.A.C. 19:19-2.2 requesting that the Commission order the Ocean County College to deduct a representation fee in lieu of dues from the salaries of employees who are not voluntary dues paying members of the majority representative. The Commission Designee found that the Association's petition met all of the requirements under the statute and rules and that the Association was entitled to a Commission order directing the College to institute the deduction of the representation fee.

P.D.D. NO. 2004-11

STATE OF NEW JERSEY

BEFORE A DESIGNEE OF THE

PUBLIC EMPLOYMENT RELATIONS COMMISSION

In the Matter of

OCEAN COUNTY COLLEGE,

Public Employer,

-and-	Docket No. PD-2004-008

SUPPORTIVE STAFF ASSOCIATION OF

OCEAN COUNTY COLLEGE/NJEA,

Petitioner.

Appearances:

For the Public Employer,

Robert Seymour, Vice President of Human Resources

For the Petitioner,

Julie Brenner, NJEA UniServ Field Representative

DECISION

On December 22, 2003, the Supportive Staff Association of Ocean County College/NJEA (Association) filed a Petition for Payroll Deduction Determination with the Public Employment Relations Commission (Commission) seeking an order directing the Ocean County College (College) to deduct representation fees in lieu of dues from the salaries of non-member employees in a negotiations unit consisting of all full- and part-time employees in secretarial/clerical, custodian, craftsworkers, groundsworkers, Health and Physical Education (HPE) attendant and security guard classifications employed by the College but excluding employees in all other positions. The petition was filed pursuant to N.J.S.A. 34:13A-5.5 and N.J.A.C. 19:19-2.2. Proper service was effected upon the College. The law authorizes the Commission to conduct an investigation and to order a payroll deduction of representation fees in lieu of dues if a majority of employees in the negotiations unit are voluntary dues paying members of the majority representative and the majority representative maintains a demand and return system as required by N.J.S.A. 34:13A-5.6. The Association has filed documents in support of its claim that a majority of employees in the unit are voluntary dues paying members of the union and that it maintains the required demand and return system.

On January 20, 2004, the College filed its response pursuant to N.J.A.C. 19:19-3.2(a). The College confirmed that during negotiations the Association proposed instituting the collection of representation fees in lieu of dues for non-member unit employees but no agreement had been reached at the time the instant petition had been filed.

The investigation has revealed the following:

1.	The College and the Association have negotiated concerning the subject of representation fees in lieu of dues, but no agreement has been reached regarding such payments.

2.	The Association is the majority representative of a collective negotiations unit consisting of all full- and part-
time employees in the job classifications of secretarial/clerical staff, custodians, craftsworkers, groundsworkers, Health and Physical Education (HPE) attendants, and security guards employed by the College; but excluding all other titles.

3.	The parties have stipulated that the list of dues paying members attached to the Association's petition is accurate.

4.	The parties have stipulated that the negotiations unit consists of 138 employees, of which 83 (60.1%) are currently voluntary dues paying members of the Association.

5.	The Association maintains a demand and return system as required by N.J.S.A. 34:13A-5.5(c) and 5.6.

Consequently, having found that the Association has satisfied the conditions mandated in N.J.S.A. 34:13A-5.5 and N.J.A.C. 19:19-2.2, I find that it is entitled to the receipt of a representation fee in lieu of dues from unit employees who are not dues paying members of the Association, subject to compliance with the Public Employment Relations Commission Appeal Board rules, N.J.A.C. 19:17-1.1 to -4.5.

ORDER

Ocean County College is ORDERED to institute a payroll deduction of the representation fee in lieu of dues from the wages or salaries of the negotiations unit employees who are not members of the Supportive Staff Association of Ocean County College/NJEA after being notified by the Association that it has complied with the requirements of N.J.A.C. 19:17-3.3 and -4.1.

The College must post in all places where notices to employees are customarily posted, copies of the attached notice marked as Appendix "A." Copies of such notice shall, after being signed by the Respondent's authorized representative, be posted immediately and maintained by it for at least sixty (60) consecutive days. Reasonable steps shall be taken to ensure that such notices are not altered, defaced, or covered by other materials.

Within twenty (20) days of receipt of this decision, notify the Commission Chair of the steps the Respondent has taken to comply with this order.

____________________________

Stuart Reichman

Commission Designee

DATED:	February 26, 2004

Trenton, New Jersey

Pursuant to N.J.S.A. 34:13A-5-5, the Public Employment Relations Commission must order a public employer to institute a payroll deduction of a representation fee in lieu of dues from the wages or salaries of employees in a negotiations unit who are not members of the majority representative if a majority representative petitions the Commission to conduct an investigation and the investigation shows that a majority of negotiations unit employees are voluntary dues paying members of the majority representative and that the majority representative maintains a demand and return system as required by N.J.S.A. 34:13A-5-5(c) and 5.6.

On December 22, 2003, the Supportive Staff Association of Ocean County College/NJEA filed a Petition for Payroll Deduction Determination-Representation Fees. The Commission conducted an investigation and determined that a majority of employees in the job classifications of secretarial/clerical staff, custodians, craftsworkers, groundsworkers, Health and Physical Education (HPE) attendants, and security guards are voluntary dues paying members of the Association and that the Association maintains a demand and return system as required by N.J.S.A. 34:13A-5.5(c) and 5.6. Accordingly, the Commission has ordered the public employer to institute a payroll deduction of the representation fee in lieu of dues from the wages or salaries of the negotiations unit employees who are not members of the Association after being notified by the Association that it has complied with the requirements of N.J.A.C. 19:17-3.3 and -4.1.