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H.O. No. 79-4
Synopsis:
A Commission Hearing Officer in considering a petition for a unit of superior officers including sergeants, lieutenants, captains, deputy chief and chief recommends (1) that neither the commencement of interest arbitration proceedings nor the conduct of negotiations will bar the processing of an otherwise timely filed representation petition; (2) that sergeants employed by the Borough are supervisors within the meaning of the Act, and have an inherent conflict of interest with patrolmen and must be removed from the patrolmen's unit; (3) that the chief of police is a managerial executive or at leat a confidential employee within the meaning of the Act and is inappropriate for inclusion in any negotiations unit; and (4) that an election be directed in a unit including sergeants, lieutenants, captains and the deputy chief employed by the Borough but excluding the chief of police, patrolmen, and all other employees.
The Hearing Officer also discussed the Commission's authority concerning representation petitions and its responsibility to determine the most approprate unit.
A Hearing Officer's Report and Recommendations is not a final administrative determination of the Public Employment Relations Commission. The case is transferred to the Commission which reviews the Report and Recommendations, any exception 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.
PERC Citation:
H.O. No. 79-4, 5 NJPER 3 (¶10001 1978)
Appellate History:
Additional:
Miscellaneous:
NJPER Index:
32.94 15.414 33.35 33.42 33.35 33.41 01.24 31.46
Issues:
| Decisions | WordPerfect | PDF |
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| NJ PERC: | . |  - HO 79-004.pdf |
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