P.D.D. No. 2006-2

STATE OF NEW JERSEY

BEFORE A DESIGNEE OF THE

PUBLIC EMPLOYMENT RELATIONS COMMISSION

In the Matter of

RAMSEY BOARD OF EDUCATION,

Public Employer,

-and-	Docket No. PD-2005-010

RAMSEY OFFICE PERSONNEL ASSOCIATION,

Petitioner.

SYNOPSIS

Ramsey Office Personnel Association 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 Ramsey Board of Education 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 Board to institute the deduction of the representation fee.

P.D.D. No. 2006-2

STATE OF NEW JERSEY

BEFORE A DESIGNEE OF THE

PUBLIC EMPLOYMENT RELATIONS COMMISSION

In the Matter of

RAMSEY BOARD OF EDUCATION,

Public Employer,

-and-	Docket No. PD-2005-010

RAMSEY OFFICE PERSONNEL ASSOCIATION,

Petitioner.

Appearances:

For the Public Employer,

Robert J. Marcotulli, Assistant Superintendent-
Business/Board Secretary

For the Petitioner,

Carmen Gonzalez-Gannon, NJEA UniServ Field Representative

DECISION

On June 3, 2005, the Ramsey Office Personnel Association filed a Petition for Payroll Deduction Determination with the Public Employment Relations Commission (Commission) which was amended on July 18, 2005 seeking an order directing the Board to deduct representation fees in lieu of dues from the salaries of non-member employees in a negotiations unit consisting of payroll manager/assistant bookkeeper, bookkeeper/computer operator, secretaries in business office, secretaries in superintendent's office, secretaries to all principals, secretaries to all assistant principals, secretaries in guidance department, ten month office assistants and twelve month office assistants employed by the Board; but excluding employees in the positions of executive secretary I, executive secretary II, and executive secretary to the business administrator/board secretary. 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 Board. 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 July 9, 2005 and August 8, 2005, the Board filed responses to the petition pursuant to N.J.A.C. 19:19-3.2(a). The Board 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 Board 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 payroll manager/assistant bookkeeper, bookkeeper/computer operator, secretaries in business office, secretaries in superintendent's office, secretaries to all principals, secretaries to all assistant principals, secretaries in guidance department, ten month office assistants and twelve month office assistants employed by the Board; but excluding executive secretary I, executive secretary II, and executive secretary to the business administrator/board secretary.

3. A list of dues paying members and non-dues paying members has been provided and there is no material dispute regarding the list.

4. The record shows that the negotiations unit consists of 28 employees, of which 24 (83%) 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

Ramsey Board of Education 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 Ramsey Office Personnel 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.

The Board 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.

__________________________

Arnold H. Zudick

Commission Designee

DATED:	August 18, 2005

Trenton, New Jersey

A request for review of this decision by the Commission may be filed pursuant to N.J.A.C. 19:19-4.1. Any request for review must comply with the requirements contained in N.J.A.C. 19:19-
4.3.

Any request for review is due by August 31, 2005.

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 June 3, 2005, the Ramsey Office Personnel Association filed a Petition for Payroll Deduction Determination-Representation Fees. The Commission conducted an investigation and determined that a majority of employees in the unit consisting of payroll manager/assistant bookkeeper, bookkeeper/computer operator, secretaries in business office, secretaries in superintendent's office, secretaries to all principals, secretaries to all assistant principals, secretaries in guidance department, ten month office assistants and twelve month office assistants 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.