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E.D. No. 76-19
Synopsis:
The Executive Director determines that the showing of interest is adequate to support the filing of the representation petition herein and justifies the direction of an election. The intervenor had raised objections to the showing of interest and pursuant to the Executive Director's investigation of the case, had submitted evidence in the form of affidavits which it alleged substantiated its objections. The Executive Director has reviewed the affidavits and other evidence and has determined that while some doubt has been cast on the validity of a portion of the showing of interest, it is not sufficient to justify a dismissal of the representation proceeding.
The confidentiality of the showing of interest is an essential element of the protections afforded public employees in the exercise of their rights under the Act. As such, a secret ballot election, not evidentiary hearings, provides the best method of resolving disputes over the employees' choice of a representative. The post-election objection mechanism affords an adequate remedy if the alleged inappropriate conduct has affected the results of the election.
PERC Citation:
E.D. No. 76-19, 2 NJPER 30 (1976)
Appellate History:
Additional:
Miscellaneous:
NJPER Index:
220.01 220.204 220.3092 431.226
Issues:
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| NJ PERC: | . |  - ED 76-019.pdf |
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