H.E. NO. 79-11

STATE OF NEW JERSEY

BEFORE A HEARING EXAMINER OF THE

PUBLIC EMPLOYMENT RELATIONS COMMISSION

In the Matter of

BURLINGTON COUNTY SPECIAL SERVICES

SCHOOL DISTRICT,

Respondent,

-and-	Docket No. CO-78-123-80

BURLINGTON COUNTY SPECIAL SERVICES

CUSTODIAL AND MAINTENANCE ASSOCIATION,

a/w N.J.E.A. and WILLIAM HORN,

Charging Party.

ORDER GRANTING MOTION FOR

RECONSIDERATION TO JOIN PARTY

The undersigned Hearing Examiner, by ruling dated July 27, 1978, having denied the original application of the Charging Parties to join the Special Services Custodial and Maintenance Association ("Association") as a party in interest because of a failure to show in its pleading or moving papers that the Association is an indispensable party warranting mandatory joinder in the proceeding; and

A pre-hearing conference having been held on August 3, 1978 attended by Joel S. Selikoff, Esq., on behalf of the Charging Parties and Myron H. Gottlieb, Esq., on behalf of the Respondent, at which various documents pre-marked for entry into evidence by stipulation at the hearing clarified the Charging Parties' allegations that the Association is an independent employee organization which received assistance from the Respondent including execution of a three-year collective negotiations agreement at a time when the Respondent owed a continuing negotiations obligation regarding the same unit employees to the Charging Party employee organization; and,

Charging Parties now having filed by motion dated August 24, 1978, application for reconsideration of the July 27, 1978 ruling denying joinder, above described, with proof of service upon Myron H. Gottlieb, Esq., attorney for the Respondent; and upon the Association, c/o George Grigaitas, and Respondent, by Myron H. Gottlieb, Esq. having filed in opposition to the grant of the said motion;

NOW THEREFORE, it appearing that the rights of the Association as an alleged independent employee organization, including rights in a collective negotiations agreement entered into with the Respondent will be directly affected by a determination on the merits of the instant complaint and the issues joined by Respondent's answer thereto, thereby establishing the Association as an indispensable party, the Hearing Examiner hereby issues the following Order:

The Special Services Custodial and Maintenance Association be, and the same hereby is, joined as a party in interest in the instant proceeding and provided full rights to examine and cross-
examine witnesses, to present evidence and to argue orally and otherwise with respect to those portions of the unfair practice Complaint which charge Respondent with refusing to negotiate in good faith with the Charging Party employee organization and with unlawfully assisting the Association, in violation of N.J.S.A. 34:13A-5.4(a)(1), (2), (5) and (7).

/s/Robert T. Snyder

Hearing Examiner

DATED:	August 30, 1978

Newark, New Jersey