D.R. No. 82-39
Synopsis:
The Director of Representation, adopting the recommendations of a Hearing Officer, determines that an FMBA firefighters' negotiations unit does not include Fire Signal Division employees. The Director agrees with the Hearing Officer that, when as here, the parties, at the inception of the negotiations relationship did not intend to include existing fire signal division classifications and where the petitioning party has "slept on its rights" concerning unrepresented titles, the negotiations unit may not be found to include these classifications.
The record revealed that the parties did not include the Signal Division employees in the firefighter's unit after the unit was formed. After a City reorganization, the FMBA, in 1972 and 1975, attempted to negotiate for Signal Division employees. The City resisted these attempts and the FMBA subsequently abandoned its efforts. This abandonment, coupled with the failure of the FMBA to seek a determination from the Commission of the employees' unit status through the filing of a clarification of unit petition in a timely fashion, leads to the conclusion that the FMBA's actions constituted a waiver of any future claim that these employees should be clarified into their negotiations unit.
PERC Citation:
D.R. No. 82-39, 8 NJPER 156 (¶13068 1982)
Appellate History:
Additional:
Miscellaneous:
NJPER Index:
36.12
Issues:
Decisions | WordPerfect | PDF |
| | |
NJ PERC: | . | - DR 82-039.pdf |
|
Appellate Division: | | |
|
Supreme Court: | | |
|
|