D.R. No. 78-47

Synopsis:

The Director of Representation, in agreement with the Hearing Officer's Report and Recommendation in a Clarification of Unit proceeding, finds that the Secretary to the Associate Dean of Community Services and the Secretary to the Associate Dean of Student Services are confidential employees within the meaning of the New Jersey Employer-Employee Relations Act and accordingly, are inappropriate for inclusion in any negotiations unit.

PERC Citation:

D.R. No. 78-47, 4 NJPER 233 (¶4116 1978)

Appellate History:

Additional:

Miscellaneous:

NJPER Index:

435.17 437.705

Issues:

Decisions	WordPerfect	PDF
NJ PERC:	.	- DR 78-047.pdf
Appellate Division:
Supreme Court:

D.R. NO. 78-47 STATE OF NEW JERSEY PUBLIC EMPLOYMENT RELATIONS COMMISSION BEFORE THE DIRECTOR OF REPRESENTATION In the Matter of GLOUCESTER COUNTY COLLEGE, Public Employer, -and- Docket No. CU-77-53 INTERNATIONAL UNION OF ELECTRICAL, RADIO & MACHINE WORKERS, AFL-CIO, LOCAL 440, Petitioner. Appearances: For the Public Employer Metzler Associates (Daniel Brandon, Negotiator) For the Petitioner Florio & Maloney, Esqs. (Michael McCafferty, of Counsel) (Arthur Dorst, International Representative, IUERMW) DECISION Pursuant to a Notice of Hearing to resolve a question concerning the composition of a collective negotiations unit represented by International Union of Electrical, Radio & Machine Workers, AFL-CIO, Local 440 (the A Union @ ), a hearing was held before Commission Hearing Officer Arnold H. Zudick, on January 5, 1978, at which time all parties were given an opportunity to examine and cross-examine witnesses, present evidence, and argue orally. Neither party filed a post-hearing brief, and the Hearing Officer issued his Report and Recommendations on March 2, 1978. A copy is annexed hereto and made a part hereof. No exceptions to the Hearing Officer = s Report and Recommendations have been filed. The undersigned has considered the entire record including the Hearing Officer = s Report and Recommendations and the transcript and on the basis thereof finds and determines as follows: 1. The Gloucester County College (the A College @ ) is a public employer within the meaning of the New Jersey Employer- Employee Relations Act, N.J.S.A. 34:13A-1 et seq., as amended (the A Act @ ), the employer of the employees involved herein, and is subject to the provisions of the Act. 2. The International Union of Electrical, Radio & Machine Workers, AFL-CIO, Local 440, is an employee representative within the meaning of the Act and is subject to its provisions. 3. The Union is the exclusive representative of a collective negotiations unit consisting of all secretarial, clerical and telephone operator employees. The Union seeks a determination herein that the Secretary to the Associate Dean of Community Services and the Secretary to the Associate Dean of Student Services are includable in its negotiations unit.1/ These employees have previously been deemed to be confidential employees by the parties, and, therefore, have been excluded from the negotiations unit. However, the Union in its Petition contends that these titles no longer hold a confidential status and, consequently, are includable in its negotiations unit. The College claims that these titles are still confidential and inappropriate for inclusion in any unit.2/ Accordingly, a Clarification of Unit Petition having been filed and there existing a question concerning the composition of a negotiations unit, the matter is appropriately before the undersigned for determination. 4. The Hearing Officer found that the Associate Dean of Community Services and Associate Dean of Student Services are integral members of the President = s cabinet, attend cabinet meetings and assist in the formulation of negotiations proposals. Further, in performing these labor relations functions, the Deans maintain labor relations materials including negotiations proposals, negotiations notes, and cabinet minutes in their offices. He further found that, in performing secretarial duties for the two Deans, the secretaries type the negotiations proposals, memoranda, and minutes of cabinet meetings. Accordingly, the Hearing Officer recommended that the Secretary to the Associate Dean of Community Services and the Secretary to the Associate Dean of Student Services be designated as confidential employees and excluded from the unit of secretaries, clericals and telephone operators. 5. Having reviewed the entire record, the Hearing Officer = s Report and Recommendations, and noting the absence of any exceptions thereto, the undersigned finds that there is ample evidence to support the Hearing Officer = s findings, and these are specifically adopted. Moreover, the Hearing Officer = s conclusion and recommendation, that the Secretary to the Associate Dean of Student Services and the Secretary to the Associate Dean of Community Services are confidential employees, is consistent with and in accordance with prior standards enumerated by the Commission in previous decisions involving confidential employees.3/ The record reveals that the Deans = secretaries, in the regular exercise of their duties, have access to and handle confidential labor relations materials and would be expected to continue to have access to and knowledge of such materials in the regular exercise of their secretarial duties in the future. Accordingly, the undersigned finds that the Secretary to the Associate Dean of Community Services and the Secretary to the Associate Dean of Student Services are confidential employees within the meaning of the Act. Inasmuch as these employees are confidential employees, they may not be included in the Union = s negotiations unit. BY ORDER OF THE DIRECTOR OF REPRESENTATION /s/Carl Kurtzman, Director DATED: June 22, 1978 Trenton, New Jersey 1/ Initially, the Union also sought a determination as to several other titles. Subsequent to the opening of the hearing, however, the parties stipulated that the Secretary to the Director of Budget and Clerical Services and the Secretary to the Dean of Academic Services are confidential employees. The parties further stipulated that the titles of Bookkeeper and Security Guard (a clerical position) are appropriate for inclusion in the negotiations unit since they are not confidential positions. The Union thereafter amended its Petition to exclude the employment categories enumerated above from consideration herein, and accordingly, there is no dispute as to these employees. 2/ N.J.S.A. 34:13A-3(d) provides, in relevant part: A ...This term shall include any public employee, i.e., any person holding a position, by appointment or contract, or employment in the service of a public employer, except elected officials, members of boards and commissions, managerial executives and confidential employees. @ N.J.S.A. 34:13A-3(g) contains the following definition: A Confidential employees @ of a public employer means employees whose functional responsibilities or knowledge in connection with the issues involved in the collective negotiations process would make their membership in any appropriate negotiating unit incompatible with their official duties. @ 3/ In re Board of Education of West Milford, P.E.R.C. No. 56 (1971); In re Bloomfield Board of Education, E.D. No. 76-40 (1976); In re Brookdale Community College, D.R. No. 78-10, 4 NJPER ___ (1977); In re Springfield Board of Education, E.D. No. 52 (1974). ***** End of DR 78-47 *****