P.D.D. No. 2009-3

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-2009-002

OCEAN COUNTY COLLEGE

ADJUNCT FACULTY ASSOCIATION,

Petitioner.

SYNOPSIS

The Ocean County Adjunct Faculty 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 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 Association to institute the deduction of the representation fee.

P.D.D. No. 2009-3

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-2009-002

OCEAN COUNTY COLLEGE

ADJUNCT FACULTY ASSOCIATION,

Petitioner.

Appearances:

For the Public Employer,

Richard Strada, Acting Vice President

For the Petitioner,

Robert M. Silva, President

DECISION

On October 28, 2008, the Ocean County Adjunct Faculty Association (Association) filed a Petition for Payroll Deduction Determination with the Public Employment Relations Commission (Commission) seeking an order directing 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 adjunct faculty members who commenced employment for at least their second semester during a given academic year, and who apply to be rehired to teach at least one semester during the next succeeding academic year employed by the College; but excluding craft employees, non-professional employees, security personnel, managerial executives, confidential employees, supervisors, OCC retirees, and all other employees 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.

The College did not file a response. N.J.A.C. 19:19-3.2(a). Therefore, pursuant to N.J.A.C. 19:19-3.2(b), the Association's allegations are admitted as true.

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 adjunct faculty members who commenced employment for at least their second semester during a given academic year, and who apply to be rehired to teach at least one semester during the next succeeding academic year employed by the College; but excluding craft employees, non-professional employees, security personnel, managerial executives, confidential employees, supervisors, OCC retirees and all other employees.

3. I find that the list of dues paying members attached to the Association's response dated December 20, 2008 is accurate.

4. Based upon the above information, I find that the negotiations unit consists of 292 employees, of which 165 (57%) 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 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 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.

__________________________

Arnold H. Zudick

Commission Designee

DATED:	March 25, 2009

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 April 6, 2009.

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 October 28, 2008, the Ocean County Adjunct Faculty 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 all adjunct faculty members who commenced employment for at least their second semester during a given academic year, and who apply to be rehired to teach at least one semester during the next succeeding academic year employed by the College 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.