D.R. NO. 78-38

STATE OF NEW JERSEY

PUBLIC EMPLOYMENT RELATIONS COMMISSION

BEFORE THE DIRECTOR OF REPRESENTATION

In the Matter of

TOWNSHIP OF MOORESTOWN,

Public Employer,

-and-	Docket No. CU-78-33

MOORESTOWN POLICE ASSOCIATION,

Petitioner.

Appearances:

For the Public Employer

Gerald L. Dorf, P.A.

(David A. Wallace, of Counsel)

For the Petitioner

Tomar, Parks, Seliger, Simoniff & Adourian, Esqs.

(Robert F. O'Brien, of Counsel)

DECISION

On February 9,1978, a Petition for Clarification of Unit was filed with the Public Employment Relations Commission (the "Commission") seeking a clarification regarding the composition of a unit of employees represented by the Moorestown Police Association (the "Association") employed by the Township of Moorestown.1/

On the basis of the administrative investigation herein, the undersigned finds and determines as follows:

1.	The Township of Moorestown 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 "Act"), is the employer of the employees who are the subject of this Petition, and is subject to the Act's provisions.

2.	Moorestown Police Association is an employee representative within the meaning of the Act and is subject to its provisions.

3.	The stipulated issue before the undersigned is the appropriateness of the inclusion of civilian personnel in a unit of police.

The Act establishes the standards for resolving questions concerning the appropriateness of a unit composed of police and civilian personnel.

N.J.S.A. 34:13A-5.3 provides in pertinent part:

"...except where established practice, prior agreement, or special circumstances dictate to the contrary, no policeman shall have the right to join an employee organization that admits employees other than policemen to membership."

It is clear that a unit which includes police and civilian personnel absent circumstances which indicate the applicability of one of the statutory exceptions of N.J.S.A. 34:13A-5.3 is prima facie inappropriate. The Commission in In re West Paterson Board of Education and West Paterson Education Association, P.E.R.C. No. 77 and No. 79 (1973), described the circumstances in which the statutory standard with regard to the exceptions of established practice and prior agreement would exist. In order to find one of these two statutory exceptions it is necessary to show circumstances indicating an "established practice" or a "prior agreement" between the parties which existed prior to the enactment of the Act (Chapter 303, Laws of 1968).2/ Here, the Association has failed to allege facts indicating the existence of one of these statutory exceptions.3/ Nor, has the Association alleged any facts to convince the undersigned that there exist "special circumstances" which warrant the inclusion of non-police in a unit of police.

Accordingly, for the reasons stated above, the undersigned finds and determines herein that the inclusion of civilian personnel in the unit of police is inappropriate.

BY ORDER OF THE DIRECTOR

OF REPRESENTATION

/s/Carl Kurtzman, Director

DATED:	April 10, 1978

Trenton, New Jersey