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H.O. No. 82-9

Synopsis:

A Hearing Officer of the New Jersey Public Employment Relations Commission, considering a clarification of unit petition filed by the Township of East Brunswick, recommends that superior officers -- captains, lieutenants, and sergeants -- be removed from a unit including patrolmen. The Hearing Officer concludes that a substantial and impermissible conflict of interest arises as the result of including superior officers and the patrolmen they command and evaluate in the same unit. Further, the Hearing Officer finds that there is insufficient evidence to establish a pre-Act established practice, prior agreement, or special circumstance dictating the continued inclusion of superior officers in the same unit as patrolmen.

A Hearing Officer's Report and Recommendations is not a final administrative determination of the Public Employment Relations Commission. The report is submitted to the Director of Representation who reviews the Report, any exceptions thereto filed by the parties and the record, and issues a decision which may adopt, reject or modify the Hearing Officer's findings of fact and/or conclusions of law. The Director's decision is binding upon the parties unless a request for review is filed before the Commission.

PERC Citation:

H.O. No. 82-9, 7 NJPER 651 (¶12294 1981)

Appellate History:



Additional:



Miscellaneous:



NJPER Index:

16.32 33.35 33.42 36.115 36.221

Issues:


DecisionsWordPerfectPDF
NJ PERC:.HO 82-009.pdf - HO 82-009.pdf

Appellate Division:

Supreme Court:



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