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D.R. No. 98-8

Synopsis:

The Director of Representation vacates an order of clarification in D.R. No. 98-6 and orders that a Notice of Hearing will issue to resolve facts created by the filing of affidavits by Rutgers, the State University.

PERC Citation:

D.R. No. 98-8, 23 NJPER 640 (¶28314 1997)

Appellate History:



Additional:



Miscellaneous:



NJPER Index:

16.32 33.42 36.35

Issues:

    DecisionsWordPerfectPDF
    NJ PERC:.DR 98 8.wpd - DR 98 8.wpdDR 98-008.pdf - DR 98-008.pdf
    Appellate Division:
    Supreme Court:


    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

    ***** End of DR 98-8 *****