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D.R. No. 85-7

Synopsis:

The Administrator of Representation Proceedings dismisses election objections filed by the employer which relate to the appropriateness of permitting an 1199J affiliate to represent supervisors when another affiliate of 1199J represents nonsupervisory employees. The Administrator determines that the objections do not relate to the conduct of the election or conduct affecting the results of the election, as limited under N.J.A.C. 19:11-9.2(h).

PERC Citation:

D.R. No. 85-7, 10 NJPER 623 (¶15297 1984)

Appellate History:

Hudson Cty. and Ass'n of Hudson Cty. Nursing Supervisors, a/w Dist. 1199J, NUHHCE, RWDSU, AFL-CIO, D.R. No. 85-7, 10 NJPER 623 (¶15297 1984), aff'd NJPER Supp.2d 157 (¶138 App. Div. 1985)

Additional:

[App. Div. Dkt. No. A-989-84T7 (11/15/85)]

Miscellaneous:

see also appellate history of DR 84-21-- interlocutory appeal

NJPER Index:

22.45 22.6 35.43 35.513

Issues:

    DecisionsWordPerfectPDF
    NJ PERC:.DR 85-007.wpdDR 85-007.pdf - DR 85-007.pdf
    Appellate Division:A-989-84T7.PDF - A-989-84T7.PDF
    Supreme Court:


    D.R. NO. 1.
    D.R. NO. 85-7
    STATE OF NEW JERSEY
    PUBLIC EMPLOYMENT RELATIONS COMMISSION
    BEFORE THE DIRECTOR OF REPRESENTATION

    In the Matter of

    COUNTY OF HUDSON,
    Public Employer,
    -and- Docket No. RO-84-65

    ASSOCIATION OF HUDSON COUNTY
    NURSING SUPERVISORS, a/w DISTRICT
    1199J, NUHHCE, RWDSU, AFL-CIO,
    Employee Representative.

    Appearances:

    For the Public Employer
    Murray & Granello, attorneys
    (Robert T. Clarke of counsel)

    For the Employee Representative
    Oxfeld, Cohen, Blunda, attorneys
    (Nancy Iris Oxfeld of counsel)
    DECISION ON OBJECTIONS

    Pursuant to a Decision and Direction of Election, D.R. No. 84-21, 10 NJPER 293 ( & 15144 1984) and subsequent appeals,1/ a mail ballot election was conducted among full time and regular part-time nursing supervisors employed by the Hudson County Board of Chosen Freeholders at Meadowview and Pollack Hospitals from June 22, 1984 through July 16, 1984, for the purpose of providing employees with an opportunity to designate as exclusive negotiations representative, the Association of Hudson County Nursing Supervisors, affiliated with District 1199J, NUHHCE, RWDSU, AFL-CIO or to choose no union. A majority of ballots was cast for the Association.
    On July 20, 1984, the County of Hudson filed Election Objections, and a Brief in Support thereof on August 16, 1984. The Association submitted a letter statement dated August 8, 1984.
    The objections relate to the appropriateness of permitting an affiliate of District 1199J to represent a unit of Nursing Supervisors when another District 1199J affiliate represents nonsupervisory employees. The objections do not relate to the conduct of the election or conduct affecting the results of the election, as limited under N.J.A.C. 19:11-9.2(h). Accordingly, the undersigned has no authority to issue a decision based upon Election Objections which raise issues outside the purview of N.J.A.C. 19:11-9.2(h). The issues presented now for review are matters that should have been presented to the undersigned prior to the above-referenced Decision and Direction of Election.
    Moreover, under the Commission = s decision in In re City of Camden, P.E.R.C. No. 82-89, 8 NJPER 226 ( & 13094 1982), the Association, affiliated with District 1199J, is at present qualified to represent the employees who selected it as their majority representative. It has submitted the necessary certification establishing that it has a valid organizational structure under N.J.S.A. 34:13A-5.3. Camden also held, however, that it is illegal for a certified majority representative of supervisory employees to allow nonsupervisory employees to dominate the supervisory employees = contract negotiations and administration. If such actual demonstration occurs, then the employer may file an unfair practice charge and the Commission will act promptly and thoroughly to halt that illegality. See also, Town of Kearny, P.E.R.C. No. 81-137, 7 NJPER 339 ( & 12153 1981); cf. In re City of Camden, P.E.R.C. No. 81-139, 7 NJPER 345 ( & 12155 1981).2/
    Accordingly, the election objections filed in this matter are dismissed and the attached Certification is issued.
    BY ORDER OF THE ADMINISTRATOR
    OF REPRESENTATION PROCEEDINGS

    Joel G. Scharff, Administrator
    DATED: October 19, 1984
    Trenton, New Jersey
    1/ Following the Administrator = s Decision and Direction of Election, the Commission, in Hudson Cty. Bd. of Chosen Freeholders and Assn. of Hudson Cty. Nursing Supervisors, a/w Dist. 1199J, P.E.R.C. No. 84-131, 10 NJPER 320 ( & 15153 1984), denied a Request for Review and a Motion to Stay the Election. The Appellate Division of the Superior Court thereafter, on June 7, 1984, denied a Motion for Leave to Appeal and a Stay (Dkt. AM-944-83T2; M-4331-83). The Supreme Court on June 12, 1984, denied the County = s Motion for Leave to Appeal (M-946) and Stay of Election (M-947) A without prejudice to an appropriate application to PERC for a hearing in the event respondent is successful in the election on the ability of this union to represent nursing supervisors. @
      2/ Commission rules permit applications for immediate interim relief pending the determination of an unfair practice charge. N.J.A.C. 19:14-9.1.
    ***** End of DR 85-7 *****