D.R. NO. 98-8

STATE OF NEW JERSEY

PUBLIC EMPLOYMENT RELATIONS COMMISSION

BEFORE THE DIRECTOR OF REPRESENTATION

In the Matter of

RUTGERS, THE STATE UNIVERSITY,

Public Employer,

-and-	Docket No. CU-97-12

INTERNATIONAL UNION OF OPERATING

ENGINEERS, LOCAL 68, AFL-CIO,

Petitioner.

Appearances:

For the Public Employer,

Christine B. Mowry, Assistant Vice President

for Staff Affairs and Director, Office of

Employee Relations

For the Petitioner,

William Goodman, Organizer

ORDER

On September 9, 1997, a decision was issued in CU-97-12, D.R. No. 98-6. The IUOE Local 68 sought to clarify a unit of operating engineers to include all employees in the title of supervisor utility operations. In the decision, significant findings of fact were premised on affidavits submitted by Local 68. The decision stated that although Rutgers was given an extension of time to submit affidavits, it failed to do so. This was incorrect. Rutgers was given an extension of time to submit affidavits that was greater than the time indicated in the decision. Rutgers submitted

D.R. NO. 98-8	2.

affidavits challenging allegations in the Local 68 affidavits after the issuance of the decision but within the time alloted. The conflict of facts created by Rutgers' affidavits can only be resolved at hearing. Accordingly, the order of clarification is vacated and a Notice of Hearing will issue in this matter.

BY ORDER OF THE DIRECTOR

OF REPRESENTATION

Edmund G. Gerber, Director

DATED:	November 10, 1997

Trenton, New Jersey