D.R. NO. 84-16

STATE OF NEW JERSEY

PUBLIC EMPLOYMENT RELATIONS COMMISSION

BEFORE THE DIRECTOR OF REPRESENTATION

In the Matter of

MOUNT OLIVE TOWNSHIP

BOARD OF EDUCATION,

Public Employer,

-and-	Docket No. RD-83-6

DIANNE MEEHAN,

Petitioner,

-and-

LOCAL 11, INTERNATIONAL

BROTHERHOOD OF TEAMSTERS,

Intervenor.

Appearances:

For the Public Employer

Green & Dzwilewski, attorneys

(Paul Green of counsel)

For the Petitioner,

Dianne Meehan, pro se

For the Intervenor

Schneider, Cohen & Solomon, attorneys

(Bruce D. Leder of counsel)

DECISION AND DIRECTION OF ELECTION

On May 5, 1983, the Director of Representation issued a decision in the above-titled matter, In re Mount Olive Township Bd. of Ed., Docket No. D.R. No. 83-29, 9 NJPER 633 (¶ 14271 1983), dismissing certain claims raised by Local 11, International Brotherhood of Teamsters ("Local 11") in opposition to the processing of a Petition for Decertification of Public Employee Representative filed by the Petitioner herein. The Director of Representation, nevertheless, blocked the further processing of the instant representation petition in order to permit the litigation of several factual and legal issues raised in an unfair practice charge which could have impacted upon the application of "contract bar" provisions of N.J.A.C. 19:11-2.8. In the referenced charge Docket No. Co-83-162, Local 11 argued that had the Mount Olive Board of Education fulfilled its statutory responsibility to reduce to written form an agreement allegedly reached through negotiation prior to the filing of the decertification petition, the petition would not have been timely filed.

The Commission has now issued its final determination with respect to the unfair practice charge, In re Mount Olive Bd. of Ed., P.E.R.C. No. 84-73, ___ NJPER ___(¶___ 1983), affirming a Hearing Examiner's findings and conclusions that the Board had not engaged in unfair practices and, more specifically, that Local 11 did not prove its claim that the parties had reached agreement in their negotiations. The Commission's determination as to the unfair practice charge, in conjunction with the Director of Representation's previous determination finding no merit with respect to the previously considered claims raised by Local 11 in the representation forum, brings to final resolve all issues raised in dispute in the above-titled matter.

Accordingly, on the basis of the above decisions, there is no longer an impediment to the conduct of a secret ballot election among the bus drivers comprising Local 11's negotiations unit for the purpose of ascertaining whether they wish to continue to be represented by Local 11.

Pursuant to N.J.A.C. 19:11-2.6(b)(3), the undersigned directs that an election be conducted among the employees described above. The election shall be conducted no later than thirty (30) days from the dates set forth below.

Those eligible to vote are the employees set forth above who were employed during the payroll period immediately preceding the date below, including employees who did not work during that period because they were out ill, or on vacation, or temporarily laid off, including those in military service. Employees must appear in person at the polls in order to be eligible to vote. Ineligible to vote are employees who resigned or were discharged for cause since the designated payroll period and who have not been rehired or reinstated before the election date.

Pursuant to N.J.A.C. 19:11-9.6, the Board is directed to file with the undersigned and with the Petitioner and Local 11, an election eligibility list consisting of an alphabetical listing of the names of all eligible voters together with their last known mailing addresses and job titles. In order to be timely filed, the eligibility list must be received by the undersigned no later than ten (10) days prior to the date of the election. A copy of the eligibility list shall be simultaneously filed with the Petitioner and Local 11 with statement of service to the undersigned. The undersigned shall not grant an extension of time within which to file the eligibility list except in extraordinary circumstances.

Those eligible to vote shall vote on whether or not they wish to continue to be represented for the purpose of collective negotiations by Local 11.

The exclusive representative, if any, shall be determined by the majority of valid ballots case by the employees voting in the election. The election directed herein shall be conducted in accordance with the provisions of the Commission's rules.

BY ORDER OF THE ADMINISTRATOR

OF REPRESENTATION PROCEEDINGS

_____________________________

Joel G. Scharff, Administrator

DATED: December 28, 1983

Trenton, New Jersey