Back

D.R. No. 93-5

Synopsis:

The Director of Representation dismisses a representation petition filed by the Gloucester County Supervising Probation Officers and Family Court Mediators Association. The Director finds that the petitioned-for unit is inappropriate, since it consists of one supervisor within the meaning of the Act and one non-supervisor.

PERC Citation:

D.R. No. 93-5, 18 NJPER 510 (¶23236 1992)

Appellate History:



Additional:



Miscellaneous:



NJPER Index:

15.34 16.32 33.21 33.42

Issues:

    DecisionsWordPerfectPDF
    NJ PERC:.DR 93 5.wpd - DR 93 5.wpdDR 93-005.pdf - DR 93-005.pdf

    Appellate Division:

    Supreme Court:



    D.R. NO. 93-5 1.
    D.R. NO. 93-5
    STATE OF NEW JERSEY
    PUBLIC EMPLOYMENT RELATIONS COMMISSION
    BEFORE THE DIRECTOR OF REPRESENTATION

    In the Matter of

    GLOUCESTER COUNTY JUDICIARY,

    Public Employer,

    -and- Docket No. RO-93-46

    GLOUCESTER COUNTY SUPERVISING
    PROBATION OFFICERS AND FAMILY
    COURT MEDIATORS ASSOCIATION,

    Petitioner.

    Appearances:

    For the Public Employer
    Mark Rosenbaum, Chief, Labor Relations

    For the Petitioner
    Bradley J. Fairchild, Supervising Probation Officer

    DECISION

    On September 21, 1992, the Gloucester County Supervising Probation Officers and Family Court Mediators Association filed a representation petition seeking to represent Supervisory Probation Officers and Family Court Mediators employed by Gloucester County Judiciary.

    The Judiciary opposes the petition and seeks its dismissal. It claims the petitioned-for unit is inappropriate under the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-1 et seq . since it consists of a supervisor and a non-supervisor and further claims that the Supervising Probation Officer is a "managerial executive" under N.J.S.A. 34:13A-3(f).


    We have conducted an administrative investigation into the petition. These facts appear.

    The petitioned-for unit consists of two individuals - a Supervising Probation Officer and a Family Court Mediator. Both the Association and the Judiciary agree that the Supervising Probation Officer is a supervisor within the meaning of the Act. He effectively recommends discipline and evaluates probation officers. His evaluations can lead to disciplinary action or salary increases. Further, both the Association and the Judiciary agree that the Family Court Mediator is not a supervisor under the Act.

    Based on the above, I find that the petitioned-for unit is inappropriate. N.J.S.A. 34:13A-5.3 provides, in pertinent part:

    nor, except where established practice, prior agreement or special circumstances, dictate the contrary, shall any supervisor having the power to hire, discharge, discipline, or to effectively recommend the same, have the right to be represented in collective negotiations by an employee organization that admits non-supervisory personnel to membership...


    Similarly, N.J.S.A. 34:13-A-6(d) states:

    The division shall decide in each instance which unit of employees is appropriate for collective negotiation, provided that, except where dictated by established practice, prior agreement, or special circumstances, no unit shall be appropriate which includes (1) both supervisors and nonsupervisors...



    Accordingly, given that a negotiations unit of one employee is not appropriate, 1/ I find that a unit consisting of solely the Family Court Mediator or solely the Supervising Probation Officer is also inappropriate.

    The petition is dismissed.2/

    BY ORDER OF THE DIRECTOR

    OF REPRESENTATION




    Edmund G. Gerber, Director


    DATED: November 13, 1992
    Trenton, New Jersey





















    1/ Tp. of Byram, P.E.R.C. No. 84-96,, 10 NJPER 149 ( & 15074 1984); Borough of Shrewsbury , P.E.R.C. No. 79-42, 5 NJPER 45 ( & 10030 1979), affm'd 174 N.J. Super . 25 (App. Div. 1980) cert. den., 85 N.J. 129 (1980)

    2/ I do not reach the issue of whether the Supervising Probation Officer is a managerial executive under the Act.

    ***** End of DR 93-5 *****