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H.O. No. 78-19
Synopsis:
A Commission Hearing Officer recommends that per diem substitutes as a group are not public employees within the meaning of the New Jersey Employer-Employee Relations Act, and a unit of all such substitutes would be inappropriate. He further recommends, however, that those per diem substitutes who have established a regularity and continuity of employment are public employees within the meaning of the Act and are entitled to vote in a secret ballot election.
The Hearing Officer recommends a two prong test for determining whether per diem substitutes have established a continuity of employment. Those per diem substitutes who have been employed for ninety (90) days or more during one given school year, or those per diem substitutes who have been employed for thirty (30) days or more during two previous given school years, and who have expressed their availability and willingness to be employed as a substitute the next succeeding school year are public employees within the meaning of the Act.
The Hearing Officer further recommends that a secret ballot election be directed among those per diem substitutes who have established a continuity of employment pursuant to the aforementioned two prong test.
PERC Citation:
H.O. No. 78-19, 4 NJPER 223 (¶4113 1978)
Appellate History:
Additional:
Miscellaneous:
NJPER Index:
102.01 220.306 435.659
Issues:
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