P.D.D. No. 2004-Cannot convert text to a number

Synopsis:

The Passaic County Community College Supportive Staff Association, affiliated with 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 Passaic County Community 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 it was entitled to a Commission order directing the College to institute the deduction of the representation fee.

PERC Citation:

P.D.D. No. 2004-Cannot convert text to a number, 30 NJPER 176 (¶73 2004)

Appellate History:

Additional:

Miscellaneous:

NJPER Index:

24.132 24.194

Issues:

Dues and assessments, collectoin, deduction, agency fees

Decisions	WordPerfect	PDF
NJ PERC:	.
Appellate Division:
Supreme Court:

P.D.D. NO. 2004-15 STATE OF NEW JERSEY BEFORE A DESIGNEE OF THE PUBLIC EMPLOYMENT RELATIONS COMMISSION In the Matter of PASSAIC COUNTY COMMUNITY COLLEGE, Respondent, -and- Docket No. PD-2004-011 PASSAIC COUNTY COMMUNITY COLLEGE SUPPORTIVE STAFF ASSOCIATION, AFFILIATED WITH NJEA, Petitioner. SYNOPSIS The Passaic County Community College Supportive Staff Association, affiliated with 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 Passaic County Community 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 it was entitled to a Commission order directing the College to institute the deduction of the representation fee.P.D.D. NO. 2004-15 STATE OF NEW JERSEY BEFORE A DESIGNEE OF THE PUBLIC EMPLOYMENT RELATIONS COMMISSION In the Matter of PASSAIC COUNTY COMMUNITY COLLEGE, Respondent, -and- Docket No. PD-2004-011 PASSAIC COUNTY COMMUNITY COLLEGE SUPPORTIVE STAFF ASSOCIATION, AFFILIATED WITH NJEA, Petitioner. Appearances: For the Respondent, Michael Silvestro, Vice President for Human Resources and Institutional Effectiveness For the Petitioner, Julie Giordano Brenner, NJEA UniServ Field Representative DECISION On February 13, 2004, the Passaic County Community College Supportive Staff Association, Affiliated with NJEA (Association) filed a Petition for Payroll Deduction Determination with the Public Employment Relations Commission (Commission) seeking an order directing the Passaic County Community College to deduct representation fees in lieu of dues from the salaries of non-member employees in a negotiations unit consisting of all full time supportive staff personnel as itemized in the bargaining unit clause of the parties collective agreement who are employed by the College; but excluding employees in all other positions employed by the College . 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 April 19, 2004, the College filed its response pursuant to N.J.A.C. 19:19-3.2(a). The College confirmed that 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 time supportive staff personnel as itemized in the bargaining unit clause of the parties collective agreement employed by the College; but excluding all other College employees. 3. The parties have stipulated that a majority of employees in the collective negotiation unit are currently voluntarily dues paying members of the Association. 4. 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 The Passaic County Community 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 Passaic County Community College Supportive Staff Association, affiliated with the 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 Chairman of the steps the Respondent has taken to comply with this order. __________________________ Arnold H. Zudick Commission Designee DATED: May 7, 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 February 13, 2004, Passaic County Community College Supportive Staff Association, Affiliated with NJEA filed a Petition for Payroll Deduction Determination-Representation Fees. The Commission conducted an investigation and determined that a majority of employees in the collective negotiations unit consisting of all full time supportive staff personnel as specifically itemized in the parties collective agreement 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. ***** End of PDD 2004-015 *****