D.R. No. 2013-1
Synopsis:
The Deputy Director of Representation issues a Certification of Representative naming the New Jersey State Troopers Captains Association as the exclusive representative of a collective negotiations unit of certain captains employed by the Division of State Police, following a determination that a majority of them signed recently-filed authorization cards. N.J.A.C. 19:10-1.1. The Division filed an updated list of employees in compliance with the Commission’s determination on eligible titles set forth in State of New Jersey, P.E.R.C. No. 2012-71, 38 NJPER ___ (¶_____ 2012), against which the signed cards were counted.
The Division objected that the Association could not demonstrate that a majority of “positions” were staffed by eligible captains because a majority of those were occupied by lieutenants in “acting [captain]” designations and others were unoccupied. The Deputy dismissed the objection, noting that Section 5.3 of the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-1 et seq. provides that a “majority of employees in the unit” indicating a preference for a majority representative shall be the exclusive representative; lieutenants were specifically excluded from the unit in the Commission’s decision; and that the employer’s prerogative not to fill vacancies should not defeat the right of employees to “form, join or assist any employee organization or to refrain from such activity.” Section 5.3.
PERC Citation:
D.R. No. 2013-1, 39 NJPER 229 (¶78 2012)
Appellate History:
Additional:
Miscellaneous:
NJPER Index:
15.417, 32.91, 32.92, 32.221
Issues:
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