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D.R. No. 82-4

Synopsis:

The Director of Representation dismisses a Petition for Clarification of Unit filed by an individual. The Commission's rules provide that clarification of unit petitions may only be filed by a public employer or an exclusive representative of employees.

PERC Citation:

D.R. No. 82-4, 7 NJPER 498 (¶12220 1981)

Appellate History:



Additional:



Miscellaneous:



NJPER Index:

36.111

Issues:

    DecisionsWordPerfectPDF
    NJ PERC:.DR 82-004.wpdDR 82-004.pdf - DR 82-004.pdf
    Appellate Division:
    Supreme Court:


    D.R. NO. 82-4 1.
    D.R. NO. 82-4
    STATE OF NEW JERSEY
    PUBLIC EMPLOYMENT RELATIONS COMMISSION
    BEFORE THE DIRECTOR OF REPRESENTATION

    In the Matter of

    MIDDLESEX COUNTY BOARD OF
    SOCIAL SERVICE,

    Public Employer,

    -and- Docket No. CU-81-64

    JOHN CUSTODE,

    Petitioner.
    DECISION
    On April 4, 1981, a Petition for Clarification of Unit was filed with the Public Employment Relations Commission (the A Commission @ ) by John Custode seeking to A clarify the proper bargaining unit to represent the title > Homemaker Service Supervisor. = @ Petitioner asserts that the above title is currently included in a negotiations unit of non-administrative personnel employed by County Board of Social Services, which is currently represented by the Communications Workers of America, Local 1082. Mr. Custode claims that the title of Homemaker Service Supervisor is improperly placed in the above unit and should be included in another negotiations unit of administrative employees represented by the Middlesex County Welfare Administrative Employees Organization.
    N.J.A.C. 19:11-1.5(a) provides in pertinent part: A The exclusive representative or the public employer may file a Petition for Clarification of Unit. @ An individual is precluded from filing this type of Petition.
    On May 6, 1981, the undersigned = s assigned representative advised Mr. Custode of the above, and requested that he withdraw the petition. Custode was advised that in the absence of his withdrawal, the undersigned would consider the dismissal of the Petition. Custode was informed that A either the C.W.A., Local 1082 could petition the Commission to exclude your title from its unit of the Middlesex County Welfare Administrative Employees Organization could Petition the Commission to exclude your title from its unit or the Middlesex Board could petition the Commission to have the appropriate unit placement of the title clarified. @
    Further, Custode was informed that he could A contact any of the aforementioned parties and suggest that they seek clarification of the title. @ Copies of this correspondence were provided to the employer and the above employee representatives.
    Custode has not withdrawn the Petition as requested. Based upon the Commission = s rules, the undersigned must conclude that the petition is improperly filed, and therefore, the Petition is hereby dismissed pursuant to N.J.A.C. 19:11-2.3.



    BY ORDER OF THE DIRECTOR
    OF REPRESENTATION

    ________________________
    Carl Kurtzman, Director


    DATED: August 4, 1981
    Trenton, New Jersey
    ***** End of DR 82-4 *****