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H.O. No. 81-13

Synopsis:

In clarification of unit petitions filed by the City of Newark and the Newark Superior Officers Association, a Hearing Officer of the Public Employment Relations Commission recommends the removal of the Deputy Chiefs of Police from the Association's Unit and recommends that the Chief of Police not be included in the Association's Unit.

The Hearing Officer finds that both the Chief and Deputy Chiefs are managerial executives within the meaning of the Act, therefore, those positions are inappropriate for inclusion in any negotiations unit. The Hearing Officer also found that, independent of the managerial issue, a substantial actual or potential conflict of interest would exist if either title were included in the Association's unit.

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. 81-13, 7 NJPER 305 (¶12134 1981)

Appellate History:



Additional:



Miscellaneous:



NJPER Index:

16.12 33.41

Issues:


DecisionsWordPerfectPDF
NJ PERC:.HO 81-013.pdf - HO 81-013.pdf

Appellate Division:

Supreme Court:



***** End of HO 81-13 *****