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D.R. No. 87-19

Synopsis:

The Director of Representation has reconsidered its earlier decision dismissing a Petition for Representation. After reviewing the filings pertaining to the motion, the earlier decision, D.R. 87-12, 13 NJPER 51 (¶18020 1986) was rescinded and a notice of hearing issued on the petition.


PERC Citation:

D.R. No. 87-19, 13 NJPER 213 (¶18089 1987)

Appellate History:



Additional:



Miscellaneous:



NJPER Index:

15.414 15.42 32.86

Issues:

    DecisionsWordPerfectPDF
    NJ PERC:.DR 87 19.wpd - DR 87 19.wpd
    		DR 87-019.pdf - DR 87-019.pdf
    Appellate Division:
    Supreme Court:


    D.R. NO. 87-19 1.
    D.R. NO. 87-19
    STATE OF NEW JERSEY
    PUBLIC EMPLOYMENT RELATIONS COMMISSION
    BEFORE THE DIRECTOR OF REPRESENTATION

    In the Matter of

    COUNTY OF MERCER,

    Public Employer,

    -and

    N.J. STATE P.B.A. LOCAL #167, DOCKET NO. RO-87-30

    Petitoner,

    -and

    A.F.S.C.M.E., LOCAL 2475,

    Intervenor.

    Appearances:

    For the Public Employer
    McLemore & McElroy, Esqs.
    (Paul McLemore, of counsel)

    For the Petitioner
    Wills & O'Neill, Esqs.
    (G. Robert Wills, of counsel)

    For the Intervenor
    Donald B. Dileo, Staff Representative

    DECISION


    On December 8, 1986, we issued a Director of Representation Decision dismissing the N.J. State P.B.A. Local #167's petition in which the P.B.A. sought to represent County juvenile detention officers in a unit with police employees. Prior to the issuance of that decision, we sent a letter to all parties stating our views and intentions to issue a decision. In the letter we also gave the

    P.B.A. an opportunity to tell us of any issues we did not address that it believed should be brought to our attention.

    A timely position letter from the Attorney for the P.B.A. was sent to the Commission's Offices; however, rather than being sent to the Director, the letter was improperly filed with the Chairman of the Commission and our decision was issued without benefit of a review of the petitioner's letter. After the issuance of the decision, the Attorney for the P.B.A. filed a motion to reconsider the Director of Representation Decision on the basis of the P.B.A.'s position letter.

    We have reviewed the response on the merits. The P.B.A. asked that the unit in question should be reconsidered on the basis that the disputed employees perform police services within the meaning of the New Jersey Public Employer-Employee Relations Act. After reviewing the results of our investigation and all papers filed, I believe that a determination cannot be made now as to whether the employees in question are performing police functions.

    Accordingly, D.R. 87-12, 13 NJPER , is rescinded and this petition shall be the subject of a representation hearing in accordance with the accompanying Notice of Hearing.

    BY ORDER OF THE DIRECTOR

    OF REPRESENTATION




    Edmund G. Gerber, Director

    DATED: February 10, 1987
    Trenton, New Jersey

    ***** End of DR 87-19 *****