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D.R. No. 86-6

Synopsis:

The Director of Representation clarifies the title of Building Maintenance Worker to exclude it from a white collar unit and include it in a blue collar unit.

PERC Citation:

D.R. No. 86-6, 12 NJPER 37 (¶17014 1985)

Appellate History:



Additional:



Miscellaneous:



NJPER Index:

15.62 33.343 34.11 36.122

Issues:

    DecisionsWordPerfectPDF
    NJ PERC:.DR 86 6.wpd - DR 86 6.wpdDR 86-006.pdf - DR 86-006.pdf
    Appellate Division:
    Supreme Court:


    D.R. NO. 86-6


    STATE OF NEW JERSEY
    PUBLIC EMPLOYMENT RELATIONS COMMISSION
    BEFORE THE DIRECTOR OF REPRESENTATION


    In the Matter of

    BOROUGH OF PARK RIDGE,

    Public Employer/Petitioner,

    -and-

    BOROUGH OF PARK RIDGEDOCKET NOS. CU-85-53
    EMPLOYEES ASSOCIATION, CU-85-60

    Employee Representative,

    -and-

    TEAMSTERS LOCAL 804,

    Employee Representative.

    Appearances:

    For the Public Employer/Petitioner
    Mark S. Ruderman, Esq.

    For the Borough of Park Ridge Employees Association
    George S. Meisel, Esq.

    For the Teamsters Local 804
    Cohen, Weiss & Simon, Esqs.
    (Franklin K. Moss of counsel)

    DECISION

    On March 22, 1985, the Borough of Park Ridge ("Borough") filed a Petition for Clarification of Unit, Docket No. CU-85-53, to remove the title of Building Maintenance Worker from
    D.R. NO. 86-6
    the white collar unit represented by the Borough of Park Ridge Employees
    D.R. NO. 86-6
    Association ("Association"). The Borough contends that as a result of a departmental reorganization, the title belongs in the blue collar unit represented by Teamsters Local 804 ("Local 804").
    On April 24, 1985, the Borough filed a Petition for Clarification of Unit, Docket No. CU-85-60, to add the Building Maintenance Worker title to Local 804's unit.
    On September 19, 1985, I wrote a letter to the parties advising them of the results of an administrative investigation. I concluded that, based on the investigation, it appeared that the title of Building Maintenance Worker shared a greater community of interest with members of Local 804's unit. I concluded that the Association's unit should be clarified to exclude the Building Maintenance Worker title and that Local 804's unit should be clarified to include it. I gave the parties an opportunity to file affidavits and supporting documentation by October 4, 1985 to refute or confirm my findings and conclusions. I have not received any response.
    Accordingly, I make the following findings and conclusions:
    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 more appropriately be resolved at a hearing. See N.J.A.C. 19:11-2.6(b).
    2. The Borough of Park Ridge is a public employer within the meaning of the New Jersey Employer-Employee Relations Act,
    D.R. NO. 86-6
    N.J.S.A. 34:13A-1 et seq. ("Act"), is subject to its provisions and is the employer of the employees who are the subject of the petition.
    3. The Borough of Park Ridge Employees Association and Teamsters Local 804, are employee representatives within the meaning of the Act and is subject to its provisions.
    4. The Borough filed the instant clarification of unit petitions seeking to clarify the white collar unit, represented by the Association, to exclude the title of Building Maintenance Worker and to clarify the blue collar unit, represented by Local 804, to include said title.
    5. The white collar unit represented by the Association is clarified to exclude the title of Building Maintenance Worker effective December 31, 1985, the expiration date of the collective negotiations agreement between the Borough and the Association.1/
    2. The blue collar employee unit represented by Local 804 is clarified to include the title of Building Maintenance Worker, effective December 31, 1985. 2/

    BY ORDER OF THE DIRECTOR
    OF REPRESENTATION



    Edmund G. Gerber, Director

    DATED: November 1,1985
    Trenton, New Jersey


    1/ See In re Clearview Reg. H.S. Bd. of Ed., D.R. No. 78-2, 3 NJPER 248 (1977).

    2/ See Clearview, supra.
    ***** End of DR 86-6 *****