D.R. NO. 90-7

STATE OF NEW JERSEY

PUBLIC EMPLOYMENT RELATIONS COMMISSION

BEFORE THE DIRECTOR OF REPRESENTATION

In the Matter of

ROXBURY TOWNSHIP BOARD OF EDUCATION,

Public Employer,

-and-

MORRIS COUNCIL NO. 6, NJCSA,

Petitioner,

-and	Docket Nos. RO-90-1, RO-90-3

LOCAL 930, N.U.P.E.,

Intervenor,

-and

LOCAL 711, N.U.P.E.,

Intervenor.

Appearances:

For the Public Employer

Rand, Algeier, Tosti & Woodruff, Esqs.

(Ellen S. Bass, of counsel)

For the Petitioner

Fox and Fox, Esqs.

(Stacey B. Rosenberg, of counsel)

For the Intervenors

Schneider, Cohen, Solomon, Leder & Montalbano, Esqs.

(Bruce D. Leder, of counsel)

DECISION AND DIRECTION OF ELECTION

On July 3 and July 17, 1989, Morris Council No. 6, NJCSA ("Morris Council No. 6" or "Petitioner") filed timely representation

petitions seeking to represent units of custodians (Docket No. RO-90-1) and cafeteria workers (Docket No. RO-90-3) employed by the Roxbury Township Board of Education ("Board"). Custodians are currently represented by the National Union of Public Employees, Local 930 ("Local 930"). Cafeteria workers are currently represented by National Union of Public Employees, Local 711 ("Local 711"). The incumbent majority representatives refuse to consent to a secret ballot election.

We conducted an administrative investigation to determine the facts. N.J.A.C. 19:11-2.2(a).

On August 16, 1989, a Commission staff agent conducted an investigatory conference. At the conference, the Board and Morris Council 6 executed consent agreements for elections in the two units. Local 930 And Local 711 did not attend or participate in a conference and refused to sign consent agreements for elections.

On September 13, 1989, Local 930 and Local 711 filed a letter stating that they had no interest in continuing to represent of the petitioned-for employees.

There are no substantial and material factual issues in dispute. Accordingly, I direct that secret ballot elections be conducted in the petitioned-for units of custodians and cafeteria workers to determine whether they wish to be represented for purposes of collective negotiations by Morris Council No. 6. The elections shall be conducted in units described as follows:

Custodian's Unit (Docket No. RO-90-1)

Included: All custodians, grounds-keeper custodians, lead-day custodians, matrons and building maintenance employees employed by Roxbury Township Board of Education.

Excluded: Professional employees, craft employees, police officers, firefighters, supervisors, confidential employees and managerial executives within the meaning of the Act, and all other employees.

Cafeteria Workers' Unit (Docket No. RO-90-3)

Included: All cafeteria workers employed by the Roxbury Township Board of Education.

Excluded: Aides, substitutes, professional employees, craft employees, police officers, firefighters, supervisors, confidential employees and managerial executives within the meaning of the Act, and all other employees.

The election shall be conducted no later than thirty (30) days from the date of this decision. Those eligible to vote must have been employed during the payroll period immediately preceding the date below, including employees who did not work during that period because they were out ill, on vacation or temporarily laid off, including those in the 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 public employer is directed to file with us an eligibility list consisting of an alphabetical listing of the names of all eligible voters in the units, together with their last known mailing addresses and job

titles. In order to be timely filed, the eligibility list must be received by us no later than ten (10) days prior to the date of the election. A copy of the eligibility list shall be simultaneously provided to the employee organization with a statement of service filed with us. We shall not grant an extension of time within which to file the eligibility list except in extraordinary circumstances.

The exclusive representative, if any, shall be determined by a majority of the valid votes cast in the election. The election shall be conducted in accordance with the Commission's rules.

BY ORDER OF THE DIRECTOR

OF REPRESENTATION

Edmund G. Gerber, Director

DATED: September 28, 1989

Trenton, New Jersey

1. The disposition of this matter is properly based upon our administrative investigation. We have not found any substantial and material factual disputes which may be more appropriately resolved at a hearing. N.J.A.C. 19:11-2.6(b).

2. The Board is a public employer within the meaning of the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-1 et seq. ("Act").

3. Morris Council No. 6., Local 930 and Local 711 are employee representatives within the meaning of the Act. The latter two representatives properly intervened in these matters, pursuant to N.J.A.C. 19:11-2.7.

4. The petitions were accompanied by adequate showings of interest. N.J.A.C. 19:11-1.2(a).

5. Approximately 48 custodians, grounds-keeper custodians, lead-day custodians, matrons and building maintenance employees are employed in the Board's schools. They are currently represented by Local 930, which has represented the unit for about ten years. Its last collective negotiations agreement with the Board ran from July 1, 1986 - June 30, 1989.

6. Approximately 24 cafeteria workers are employed in the Board's schools. They are currently represented by Local 711, which has (notwithstanding a previous affiliation) represented the unit for about ten years. Its last collective negotiations agreement with the Board ran from July 1, 1986 - June 30, 1989.

7. On August 16, 1989, staff attorney Jonathon Roth conducted an investigatory conference. Petitioner seeks to represent both units separately and it and the Board seek no changes in the structure of the existing units. At the conference, the Board and Morris Council 6 executed consent agreements for elections in the two units.

8. Local 930 and Local 711 did not attend or participate in the conference and refused to sign the consent agreements for elections.

Local 930 and Local 711 did not attend the exploratory conference in this matter and have asserted no reasons for objecting to elections in the two long-established units. The petitions are timely filed and the units sought are prima facie appropriate. In the absence of any reasons not to proceed to an election in these matters, we are inclined to order an election in the petitioned-for units, N.J.A.C. 19:11-2.6(b)(3), described as follows:

If you believe that the determinations made herein are incorrect or that there are additional material facts which you wish to bring to our attention, you may submit documentary materials, affidavits or other evidentiary material and a letter brief in support of your position. The parties are requested to submit these materials within seven (7) days of this date -- by the close of business on September 12, 1989. In the absence of submissions of facts and legal argument which support a different disposition of these matters or which raise substantial and material factual disputes which would warrant convening an evidentiary hearing, we are inclined to direct that an election be conducted in the petitioned-for units as described above.