D.R. NO. 90-15

STATE OF NEW JERSEY

PUBLIC EMPLOYMENT RELATIONS COMMISSION

BEFORE THE DIRECTOR OF REPRESENTATION

In the Matter of

SOUTH JERSEY PORT CORPORATION,

Respondent,

-and-	Docket Nos. RD-90-2

CE-H-89-21

CO-H-89-61

WATCHMENS AND GUARDS UNION, AFL-CIO

Charging Party.

Appearances:

For the Respondent,

Apruzzese, McDermott, Mastro & Murphy, Esqs.

(Maurice Nelligan, Jr., of counsel)

For the Charging Party,

O'Donnell & Schwartz, Esqs.

(Catherine Minuse, of counsel)

DECISION ON REMAND

By letter decision dated September 28, 1989, I found that an unfair practice charge filed with the Public Employment Relations Commission ("Commission") by the Watchmen's and Guard's Union ("Union") (CO-89-61) blocked the processing of a decertification petition filed by employee Paul Honey (RD-90-2). On October 16, 1989, the South Jersey Port Corporation ("Corporation") requested review of my decision by the Commission. It argued that no required documentary evidence was filed to support the Union's request to block. On November 21, 1989, the Commission, citing

Matawan-Aberdeen Reg. Sch. Dist., P.E.R.C. No. 89-69, 15 NJPER 68 (¶20025 1988), remanded the case to me to solicit and review evidence in support of the Union's request to block the processing of the decertification petition.

On December 19, 1989, the Union submitted two affidavits and other documentary evidence in support of its request to block. I have reviewed the material submitted and find that it supports the allegations of the Union's charge. I further find the charge's allegations as supported by the submitted evidence, if true, would tend to interfere with the conduct of a free and fair election.

Accordingly, for the reasons set forth in my September 28, 1989, letter decision (Appendix A), I will continue to block the processing of decertification petition RD -90-2.

Ultimately, the veracity of these allegations will be decided by the Commission after a full hearing in the unfair practice charge. However, at this stage of the proceedings, no findings of fact can be made.

BY ORDER OF THE DIRECTOR

OF REPRESENTATION

Edmund G. Gerber

Director of Representation

DATED: December 21, 1989

Trenton, New Jersey