D.R. NO. 78-25

STATE OF NEW JERSEY

PUBLIC EMPLOYMENT RELATIONS COMMISSION

BEFORE THE DIRECTOR OF REPRESENTATION

In the Matter of

CITY OF NEWARK,

Public Employer,

-and-	Docket No. RO-78-77

LOCAL 617, SEIU,

Petitioner,

-and-

ESSEX COUNCIL #1, NJCSA,

Party at Interest.

DECISION

On October 6, 1977 a Petition for Certification of Public Employee Representative was filed with the Public Employment Relations Commission (the "Commission") by Local 617, SEIU ("Local 617") with respect to a proposed unit of all school crossing guards employed by the City of Newark (the "City"). On October 21, 1977 Essex Council #1, NJCSA ("Council #1") advised the Commission that it requested to intervene in the instant Petition.

Council #1 was advised by the undersigned on October 27, 1977 that its request to intervene would have to comport with the requirements of N.J.A.C. 19:11-2.7, which Commission rule requires that a party seeking to intervene in a Petition for Certification of Public Employee Representative submit either a showing of interest among employees or submit a current or recently expired agreement with the public employer covering the employees involved.

On November 9, 1977 Council #1 provided the undersigned with a copy of a current negotiations agreement with the City covering all white collar employees employed by the City. This agreement is effective January 1, 1976 through December 31, 1978 and was entered into by the parties on May 9, 1977.

For the reason stated below the undersigned determines that the agreement submitted by Council #1 for the purposes of supporting its request to intervene is not "a current or recently expired agreement with the public employer covering any of the employees involved"1/ and, accordingly, Council #1's request to intervene must be denied. At the time the agreement between Council #1 and the City was entered into, the employees involved in the instant Petition were not employees of the City. Rather, the Commission's records indicate that school crossing guards were employees of the Newark Board of Education and, further, that Local 617 had been certified by the Commission as the exclusive negotiations representative of school crossing guards employed by the Newark Board of Education on April 27, 1977 (Commission Docket No. RO-77-2). The Commission's records also indicate that when the school crossing guards had been employees of the City that Local 945, International Brotherhood of Teamsters, Chauffeurs, Workmen and Helpers of America, had on October 28, 1975 received recognition as the exclusive negotiations representative of the City's school crossing guards. This recognition was extended to Local 945 during the investigation of a Petition for Certification of Public Employee Representative, Docket No. RO-937, filed November 19, 1974, in which Council #1 did not intervene.

Accordingly, it appears to the undersigned that Council #1's most recent agreement with the City, submitted for the purposes of claiming a representational interest in the school crossing guards, is not an agreement that covers any of the employees involved in the instant Petition. Therefore, Council #1's request to intervene in the instant Petition is hereby denied.

BY ORDER OF THE DIRECTOR

OF REPRESENTATION

/s/Carl Kurtzman, Director

of Representation

DATED:	November 18, 1977

Trenton, New Jersey