D.R. NO. 88-20

STATE OF NEW JERSEY

PUBLIC EMPLOYMENT RELATIONS COMMISSION

BEFORE THE DIRECTOR OF REPRESENTATION

In the Matter of

COUNTY OF BERGEN,

Public Employer,

-and-

LOCAL 29, R.W.D.S.U.,

Petitioner,

-and	Docket No. RO-88-51

N.J.E.L.U., LOCAL #1,

Intervenor,

-and

A.F.S.C.M.E., COUNCIL 52,

Intervenor.

Appearances:

For the Public Employer

Susan Federbusch, Esq.

For the Petitioner

Reitman, Parsonnet, Maisel & Duggan, Esqs.

(Jesse H. Strauss, of counsel)

For the Intervenor Local #1

Loccke and Correia, Esqs.

(Manuel A. Correia, of counsel)

For the Intervenor Council 52

Kirschner, Walters & Willig, Esqs.

(Sidney H. Lehmann, of counsel)

DECISION AND DIRECTION OF ELECTION

On October 2, 1987, a timely Petition for Certification of

Public Employee Representative was filed with the Public Employment Relations Commission ("Commission") by Local 29, RWDSU ("Local 29") seeking to represent a collective negotiations unit of all blue-collar employees employed by the County of Bergen ("County"). The petition is supported by an adequate showing of interest. The employees sought in the petition are currently represented by New Jersey Employees Labor Union, Local No. 1, ("Local 1") and are covered by a collective negotiations agreement which expires December 31, 1987. Council 52, American Federation of State, County and Municipal Employees ("AFSCME") intervened in this matter pursuant to N.J.A.C. 19:11-2.7(a). Its intervention is supported by an adequate showing of interest.

On October 29, November 10 and November 18, 1987, informal investigatory conferences were convened by a Commission staff attorney in order to determine the relevant facts. See N.J.A.C. 19:11-2.2 and N.J.A.C. 19:11-2.6. The disposition of this matter is properly based on our administrative investigation. We have not found any substantial and material factual disputes which may more appropriately be resolved through an evidentiary hearing.

The parties do not object to the conduct of an election in this matter. Local 29 declined to sign a Consent Agreement, although it does not object to the Commission conducting an election at this time. All parties have stipulated that the existing unit is appropriate for purposes of collective negotiations. Thus, there is no basis to refrain from the conduct of a secret ballot election. See Twp. of Winslow, D.R. No. 87-8, 12 NJPER 784 (¶17298 1986);

Borough of Point Pleasant Beach, D.R. NO. 87-4, 12 NJPER 657 (¶17247 1986); Twp. of Washington, D.R. No. 86-15, 12 NJPER 226 (¶17093 1986); Borough of Interlaken, D.R. No. 86-9, 12 NJPER 57 (¶17022 1985); Borough of Haddonfield, D.R. No. 83-13, 8 NJPER 588 (¶13273 1982).

Accordingly, pursuant to N.J.A.C. 19:11-2.6(b)(3), we direct that a secret ballot election be conducted in a unit of all blue collar employees employed by the County, specifically as described in the attached Schedule A.

Those eligible to vote are the employees in the titles as set forth on the attached Schedule A who were employed during the payroll period ending November 17, 1987, including employees who did not work during that period because they were out ill, on vacation, temporarily laid off, or in military service. 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 are ineligible to vote. We direct the County to simultaneously file with us and with all other parties, an eligibility list consisting of an alphabetical listing of the names of all eligible voters together with their last known mailing addresses and job titles, pursuant to N.J.A.C. 19:11-9.6. The County shall also file with us an accompanying proof of service. All of the parties and the Commission must receive the eligibility list no later than ten (10) days prior to the date of the election. We 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 they desire to be represented for the purpose of collective negotiations by Local 29 RWDSU or NJELU Local #1 or AFSCME Council 52 or no employee organization.

The exclusive representative, if any, shall be determined by the majority of valid ballots cast by the employees voting in the election. The election shall be conducted in accordance with the Commission's rules and shall take place on January 14, 1988. Appropriate notices shall follow containing the designated polling areas and times for voting at each polling site.

BY ORDER OF THE DIRECTOR

OF REPRESENTATION

Edmund G. Gerber, Director

DATED: December 15, 1987

Trenton, New Jersey