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H.O. No. 82-4
Synopsis:
A Hearing Officer, considering the challenge to the eligibility of five voters in a Commission conducted election for a unit of school bus drivers, recommends the challenge to one voter be overruled and the challenge to the eligibility of the other four voters be sustained and their ballots be voided. Three individuals were challenged as being casual employees and as being police officers within the meaning of the Act. The Hearing Officer found the individuals not to be casual employees but recommends that as their primary occupation is being a police officer, their membership in a unit with non-police officers raises a substantial potential for a conflict of interest between them and other bus drivers. The Hearing Officer recommends that they be permitted to form a negotiating unit consisting of bus drivers/police officers to be represented by a representative of their own choosing. The Hearing Officer finds no such potential for conflict existing between the other two employees in question, one a firefighter and the other a teacher. However, he recommends that the vote of the teacher be voided as the number of hours worked by the individual on normal bus runs does not provide the requisite community of interest between that individual and other unit members. Inasmuch as the vote of the one eligible individual is not determinative to the results of the election, the Hearing Officer recommends that it continue to be impounded and the secrecy of the voter be maintained.
A Hearing Officer's Report and Recommendations is not a final administrative determination of the Public Employment Relations Commission. The report is submitted to the Director of Representation who reviews the Report, any exceptions thereto filed by the parties and the record, and issues a decision which may adopt, reject or modify the Hearing Officer's findings of fact and/or conclusions of law. The Director's decision is binding upon the parties unless a request for review is filed before the Commission.
PERC Citation:
H.O. No. 82-4, 7 NJPER 520 (¶12230 1981)
Appellate History:
Additional:
Miscellaneous:
NJPER Index:
15.15 16.44 33.343 34.392 35.315 33.35 33.45
Issues:
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