D.R. NO. 2002-10 1.
D.R. NO. 2002-10
STATE OF NEW JERSEY
PUBLIC EMPLOYMENT RELATIONS COMMISSION
BEFORE THE DIRECTOR OF REPRESENTATION
In the Matter of
CAMDEN COUNTY HEALTH SERVICES CENTER
BOARD OF MANAGERS,
Public Employer,
-and- Docket No. AC-2002-4
AFSCME COUNCIL 71, AFL-CIO
Petitioner.
Appearances:
For the Public Employer
Richard Dodson, Director
For the Petitioner
Susan H. Owen, Staff Representative
AMENDMENT OF CERTIFICATION
On September 28, 2001, AFSCME Council 71, AFL-CIO filed a Petition for Amendment of Certification pursuant to N.J.A.C . 19:11-1.6. AFSCME seeks to amend the certification of representative issued to Registered Professional Nursing Unit #1 (RPNU #1) to reflect that organization's affiliation with AFSCME Council 71.
I have conducted an investigation into the matters raised by this petition. N.J.A.C . 19:11-2.2. Based upon the administrative investigation, this matter is appropriate for decision since no substantial, material factual issues are in dispute. N.J.A.C. 19:11-2.2 and 2.6. These facts appear:
On September 12, 1980, the Commission certified the Registered Professional Nursing Unit #1 as the exclusive representative of all registered nurses employed by the County of Camden at the Lakeland Institutional Complex. Subsequently, the County created the Camden County Health Services Center Board of Managers to manage the operations of the Lakeland medical complex. 1/ The Board of Managers is the successor employer to the County for these employees. The parties' most recent collective agreement covers the period January 1, 1999 through December 31, 2002.
AFSCME has submitted the certification of Susan Owen, Staff Representative, that the following procedures were followed concerning the affiliation election:
1. RPNU #1, through its President Thomas J. Breslin and Executive Board, notified its membership by mail on August 15, 2001, that an affiliation vote would be conducted at its regularly scheduled membership meeting on September 19, 2001. Breslin also notified each member of the time and date of the affiliation vote by the internal e-mail system at the Health Services Center, and posted the information on the employees' bulletin board.
2. The affiliation election was conducted on September 19, 2001 by secret ballot election.
1/ I take administrative notice facts in our earlier decision, Camden Cty. HSC Bd. of Managers, D.R. No. 89-36, 15 NJPER 379 ( & 20161 1989).
3. A majority of RPNU #1's members voted in favor of the affiliation with AFSCME Council 71.
4. The negotiations unit continues to be composed of all registered nurses employed by the Health Services Center. 2/
5. There has been a complete transfer of RPNU officers and members. The RPNU officers do not oppose the affiliation with AFSCME.
Based upon the foregoing, I find that RPNU #1 has complied with the requirements to record its affiliation with AFSCME Council 71. The County has advised us that it does not oppose the amendment of certification.
Therefore, in accordance with N.J.A.C . 19:11-2.6(b)(5), the Certification of Representative issued by the Commission on September 12, 1980 is amended to reflect that the Registered Professional Nursing Unit #1 is affiliated with the American Federation of State County and Municipal Employees (AFSCME), Council 71, AFL-CIO.
BY ORDER OF THE DIRECTOR
OF REPRESENTATION
Stuart Reichman, Director
DATED: March 26, 2002
Trenton, New Jersey
2/ The employer has proposed to remove certain head nurses and nursing supervisors from the unit, claiming they are statutory supervisors. However, these employees have been historically included in the unit and may not be removed through the filing or processing of an amendment of certification petition. The employer may raise the issue of whether they continue to be appropriately included in this unit by filing a unit clarification petition. ***** End of DR 2002-10 ***** |