D.R. No. 2012-16

Synopsis:

The Director of Representation grants an amendment of certification requested by the Office and Professional Employees International Union, Local 32 to reflect its affiliation with International Association of Industrial Workers, Local 1. OPEIU Local 32 complied with the necessary requirements and the Board of Education did not oppose the amendment. Accordingly, OPEIU Local 32 is the exclusive representative of the unit.

PERC Citation:

D.R. No. 2012-16, 39 NJPER 50 (¶21 2012)

Appellate History:

Additional:

Miscellaneous:

NJPER Index:

22.45, 32.91, 32.92, 32.97

Issues:

Decisions	WordPerfect	PDF
NJ PERC:	. - DR 2012 016.wpd	- DR 2012 016.pdf
Appellate Division:
Supreme Court:

D.R. No. 2012-16 STATE OF NEW JERSEY PUBLIC EMPLOYMENT RELATIONS COMMISSION BEFORE THE DIRECTOR OF REPRESENTATION In the Matter of PARSIPPANY-TROY HILLS BOARD OF EDUCATION, Public Employer, -and- Docket No. AC-2012-007 OFFICE AND PROFESSIONAL EMPLOYEES INTERNATIONAL UNION, LOCAL 32, Petitioner. SYNOPSIS The Director of Representation grants an amendment of certification requested by the Office and Professional Employees International Union, Local 32 to reflect its affiliation with International Association of Industrial Workers, Local 1. OPEIU Local 32 complied with the necessary requirements and the Board of Education did not oppose the amendment. Accordingly, OPEIU Local 32 is the exclusive representative of the unit. D.R. No. 2012-16 STATE OF NEW JERSEY PUBLIC EMPLOYMENT RELATIONS COMMISSION BEFORE THE DIRECTOR OF REPRESENTATION In the Matter of PARSIPPANY-TROY HILLS BOARD OF EDUCATION, Public Employer, -and- Docket No. AC-2012-007 OFFICE AND PROFESSIONAL EMPLOYEES INTERNATIONAL UNION, LOCAL 32, Petitioner. Appearances: For the Respondent, Parsippany-Troy Hills Board of Education (Leroy Seitz, Superintendent) For the Petitioner Mets, Schiro & McGovern, attorneys (Kevin P. McGovern, of counsel) DECISION On May 8, 2012, the Office and Professional Employees International Union, Local 32 ( A Local 32") filed an Amendment of Certification Petition with the Public Employment Relations Commission ( A Commission @ ). N.J.A.C. 19:11-1.6. The Petitioner seeks to amend the Certification of Representative issued to the International Association of Industrial Workers, Local 1 ( A Local 1") to reflect a change in name and affiliation1/ of Local 1 to Local 32. I have conducted an investigation into the matters raised by this petition. N.J.A.C. 19:11-2.2. The public employer does not oppose the petition. There are no substantial and material facts in dispute which would require a hearing. N.J.A.C. 19:11- 2.6(d)(5). The following facts appear: FINDINGS OF FACT On September 8, 2005, the Commission certified Local 1 as the exclusive representative of a unit of maintenance, custodial, and driver classification employees of the Parsippany-Troy Hills Board of Education (Docket No. RO-2006-004). The Petitioner submitted an affidavit dated May 3, 2012 from its attorney, Kevin P. McGovern, Esq., detailing the procedures it followed concerning the affiliation, as follows: 1. On April 23, 2012, the membership of Local 1 was sent a copy of a Notice of Membership Meeting to be held on May 1, 2012, for the purpose of conducting a vote on whether Local 1 should affiliate with Local 32. (Exhibit C, McGovern Affidavit). The notice was posted at various locations throughout the school district. 2. At the May 1, 2012 membership meeting, the members voted by secret ballot to approve the affiliation of Local 1 with Local 32 by a vote of 59 in favor, and none opposed. 3. A copy of a sample ballot, as well as a document setting forth the results of the ballots cast, were attached to the affidavit as Exhibits A and B. 4. The composition and approximate size of the negotiations unit has continued unchanged since the vote in favor of changing the name and affiliation of Local 1 to Local 32, and the organization = s officers will remain unchanged. 5. On May 9, 2012, we advised the Board of Education about the proposed amendment, and requested its position concerning the amendment. On May 22, 2012, the Board of Education advised that it does not oppose the petition. ANALYSIS The Commission = s rules establish procedures for amending certifications and our case law establishes the standards for granting such petitions. N.J.A.C. 19:11-1.6; County of Union, D.R. No. 2005-7, 30 NJPER 496 ( & 169 2004); Parsippany-Troy Hills Twp., D.R. No. 94-20, 20 NJPER 280 ( & 25079 1994), req. for rev. denied P.E.R.C. No. 94-119; 20 NJPER 279 ( & 25141 1994); Cape May Assignment Judge, et al., P.E.R.C. No. 85-60, 11 NJPER 91 ( & 16039 1985). Pursuant to N.J.A.C. 19:11-1.6(c), such a petition must be supported by an affidavit attesting that the membership of the certified employee representative voted in favor of the change in name and affiliation. Such affidavit shall specify that: 1. The membership was given advance and adequate notice of the election, as evidenced by an attached copy of a notice of election and a statement of the date of the notice and the manner in which it was provided to members; 2. The election was conducted by secret ballot, as evidenced by an attached copy of the ballot, and was held within six months of the filing of the petition; 3. A majority voted in favor of the change in name and affiliation, as evidenced by the ballots which set forth the results; and 4. The organization = s officers and the unit structure remain unchanged. Additionally, to record an affiliation, an employee organization is required to show that its affiliation procedure afforded the membership with a degree of due process. Adequate due process will be found where the affiliation procedures provide the members with advance notice of the affiliation vote, an opportunity to discuss the affiliation prior to the vote, and the chance to participate in the affiliation election. Township of Middletown, et al., P.E.R.C. No. 2000-47, 26 NJPER 59, 60 ( & 31020 1999); Parsippany-Troy Hills Tp., 20 NJPER at 280; No. Hudson Reg. Fire and Rescue, D.R. No. 2000-13, 26 NJPER 257 ( & 31101 2000). I am satisfied that the Petitioner has met all of the requirements for amendment of certification and has afforded its members adequate due process. There was appropriate advance notice of the election to permit members the opportunity to discuss the issue prior to the vote and, subsequently, members were allowed to participate in a secret ballot election on the proposed merger. Further, the officers and the structure of the Local 1 negotiations unit have remained unchanged since the name change to Local 32. Accordingly, the Certification of Representative is amended to reflect that the exclusive negotiations representative is now Office and Professional Employees International Union, Local 32. BY ORDER OF THE DIRECTOR OF REPRESENTATION ____________________________ Gayl R. Mazuco DATED: May 25, 2012 Trenton, New Jersey A request for review of this decision by the Commission may be filed pursuant to N.J.A.C. 19:11-8.1. Any request for review must comply with the requirements contained in N.J.A.C. 19:11- 8.3. Any request for review is due by June 4, 2012. 1/ The Petition, although characterizing the proposed amendment as a merger, was treated as a request to affiliate Local 1 with Local 32. City of Englewood, D.R. No. 2007-5, 32 NJPER 308 ( & 127 2006). ***** End of DR 2012-016 *****