D.R. No. 77-20

Synopsis:

Prior to the filing of a Petition for Decertification of Employee Representative the employee representative informed the Commission that it disclaimed further interest in representing the Board's cafeteria employees. Thus, as no question concerning representation exists, the Petition is dismissed. By virtue of the disclaimer, the Employee Representative is no longer the exclusive representative of the employees in the unit for the purpose of collective negotiations. Additionally, the Director of Representation Proceedings revokes the certification previously issued by the Commission to the Employee Representative.

PERC Citation:

D.R. No. 77-20, 3 NJPER 177 (1977)

Appellate History:

Additional:

Miscellaneous:

NJPER Index:

480.25 480.20

Issues:

Decisions	WordPerfect	PDF
NJ PERC:	.	- DR 77-020.pdf
Appellate Division:
Supreme Court:

D.R. NO. 77-20 1. D.R. NO. 77-20 STATE OF NEW JERSEY PUBLIC EMPLOYMENT RELATIONS COMMISSION BEFORE THE DIRECTOR OF REPRESENTATION In the Matter of READINGTON BOARD OF EDUCATION, Public Employer, -and- Docket No. RD-77-6 FRANCES MACK, Petitioner, -and- LOCAL 11, I.B.T., Employee Representative. DECISION AND REVOCATION OF CERTIFICATION On April 4, 1977, a Petition for Decertification of Public Employee Representative was filed with the Public Employment Relations Commission (the A Commission @ ) by Mrs. Frances Mack, a cafeteria employee employed by the Readington Board of Education (the A Board @ ). The Petition was accompanied by a valid showing of interest pursuant to N.J.A.C. 19:10-1.1 and N.J.A.C. 19:11- 1.3. Petitioner seeks the decertification of Local 11, International Brotherhood of Teamsters ( A Local 11") as the exclusive negotiations representative of a unit of all cafeteria employees employed by the Board. Pursuant to the Commission = s processes, a decertification petition is filed for the purpose of removing the exclusive representative so that employees no longer are represented for the purposes of collective negotiations. Thus, the Petitioner raised a question concerning the representation of employees before the Commission, and the instant matter was appropriately placed before the undersigned for investigation and determination. Accordingly, the undersigned has caused an investigation into the matters involved in the Petition. The investigation has revealed that on February 9, 1976, the Commission certified Local 11 as the exclusive representative of a unit consisting of all cafeteria workers, permanent and part-time, employed by the Readington Board of Education (Commission Docket No. RO-76-75). However, by letter dated March 30, 1977, prior to the filing of the instant Petition, the attorney for Local 11 advised the Commission that it disclaims further interest in representing the unit.1/ By virtue of Local 11's disclaimer of interest, no question concerning the representation of employees exist in the unit. Local 11 is no longer the exclusive representative of the employees in the unit for the purposes of collective negotiations. Inasmuch as a valid question concerning representation does not exist, the undersigned shall dismiss the Petition pursuant to N.J.A.C. 19:11-1.9. Additionally, the undersigned shall also revoke the certification previously issued to Local 11. Accordingly, the instant Petition is hereby dismissed, and the certification issued pursuant to Commission Docket No. RO-76- 75 is revoked. BY ORDER OF THE DIRECTOR OF REPRESENTATION PROCEEDINGS /s/Carl Kurtzman, Director Representation Proceedings DATED: May 16, 1977 Trenton, New Jersey 1/ Local 417's disclaimer letter is contained in the Commission = s files. ***** End of DR 77-20 *****