D.R. No. 2022-2

Synopsis:

The Director of Representation certifies South Brunswick Association of Behavior Technicians as the exclusive representative of a unit of previously unrepresented behavior technicians employed by the South Brunswick Board of Education. The Board did not sign a stipulation as to the appropriate unit but also did not raise any objection or dispute as to the unit. The Director found that the Association had submitted valid authorization cards from a majority of the employees in the unit based on the list provided by the Board and certified the Association accordingly.

PERC Citation:

D.R. No. 2022-2, 19 NJPER 385 (¶87 2022)

Appellate History:

Additional:

Miscellaneous:

NJPER Index:

15.14 32.91 33.21

Issues:

Decisions	WordPerfect	PDF
NJ PERC:	. - DR 2022 002.wpd	DR 2022-002.pdf
Appellate Division:
Supreme Court:

D.R. NO. 2022-2 . D.R. NO. 2022-2 STATE OF NEW JERSEY PUBLIC EMPLOYMENT RELATIONS COMMISSION BEFORE THE DIRECTOR OF REPRESENTATION In the Matter of SOUTH BRUNSWICK BOARD OF EDUCATION, Public Employer, -and- Docket No. RO-2022-031 SOUTH BRUNSWICK ASSOCIATION OF BEHAVIOR TECHNICIANS Petitioner. SYNOPSIS The Director of Representation certifies South Brunswick Association of Behavior Technicians as the exclusive representative of a unit of previously unrepresented behavior technicians employed by the South Brunswick Board of Education. The Board did not sign a stipulation as to the appropriate unit but also did not raise any objection or dispute as to the unit. The Director found that the Association had submitted valid authorization cards from a majority of the employees in the unit based on the list provided by the Board and certified the Association accordingly. D.R. NO. 2022-2 . D.R. NO. 2022-2 STATE OF NEW JERSEY PUBLIC EMPLOYMENT RELATIONS COMMISSION BEFORE THE DIRECTOR OF REPRESENTATION In the Matter of SOUTH BRUNSWICK BOARD OF EDUCATION, Public Employer, -and- Docket No. RO-2022-031 SOUTH BRUNSWICK ASSOCIATION OF BEHAVIOR TECHNICIANS Petitioner. Appearances: For the Public Employer, Porzio Bromberg & Newman, PC attorneys (Kerri A. Wright, of counsel) For the Petitioner, (Thomas Hayden, NJEA Field Representative) DECISION On February 2, 2022, South Brunswick Association of Behavior Technicians (Association) filed a representation petition for certification by card check with an adequate showing of interest for the petitioned-for unit of currently unrepresented behavior technicians employed by the South Brunswick Board of Education (Board). A Commission staff agent held a telephone conference with the parties on February 15th. On February 16th, the Board provided a list of the petitioned-for employees that by comparison confirmed that the Association had submitted valid signed authorization cards from a majority. The Board also provided a certification confirming that the Notice to Employees was posted on February 15th. A stipulation of appropriate unit was circulated to but not signed by the Board. The staff agent informed the Board that if a formal objection to the unit description within the stipulation was not made by February 24th, the Director of Representation would issue a decision on whether the petitioner had satisfied the statutory and regulatory requirements for certification as the majority representative of that unit. On February 24th, the parties jointly requested that the matter be held in abeyance until March 10 for discussions regarding the unit. That request was approved. On March 10th, the Board wrote that it was not taking any position on the petition. We have certified petitioning organizations by card check where the petitioner has submitted valid authorization cards from a majority of the petitioned-for employees and the employer, while not stipulating to the appropriateness of the unit, nevertheless does not raise any objection. City of Perth Amboy, D.R. No. 2010-2, 35 NJPER 243 (¶87 2009) (certifying petitioner as the majority representative for de novo unit of 911 emergency dispatchers in the absence of a signed stipulation or objections). See also N.J.S.A. 34:13A-5.3 (Commission shall not intervene in matters of unit definition except in the event of a dispute). The Association has submitted valid authorization cards from a majority of the employees in the unit defined in the unsigned stipulation based on the list provided by the Board. I find that the following unit is appropriate: Included: All regularly employed behavior technicians employed by the South Brunswick Board of Education. Excluded: Managerial executives, confidential employees, and supervisors within the meaning of the Act; craft employees, professional employees, police, casual employees; employees in other existing negotiations units; all other employees of the South Brunswick Board of Education. ORDER I certify the South Brunswick Association of Behavior Technicians as the exclusive representative of the unit described above, based upon its authorization cards.1/1/The formal certification is attached. /s/ Jonathan Roth_ Jonathan Roth Director of Representation DATED: March 14, 2022 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 March 24, 2022. ***** End of DR 2022-002 *****