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H.O. No. 79-3
Synopsis:
A Commission Hearing Officer, considering the challenge to 39 voters in a Commission conducted runoff election, recommends (1) that a public employer has a standing to challenge voters in a runoff election; (2) that one voter became a supervisor prior to the runoff and therefore was not in an eligible voting category and his vote should not be counted; (3) that the County created a County Board of Health prior to the runoff, that the Board was a separate public employer and employed 32 of the challenged voters prior to the runoff, and that those personnel were not eligible to vote in an election concerning only County employees; (4) that CETA Project employees are public employees within the meaning of the Act and that the 10 project employees herein would be eligible to vote if found to be County employees, but since the 10 project employees were part of the above 32 excluded voters, they were ineligible to vote on that basis only; and (5) that temporary 80-day employees (T-80) are public employees within the meaning of the Act, and have a community of interest with the instant unit.
The Hearing Officer therefore recommended that the challenge of the six T-80 voters be set aside and those votes counted.
A Hearing Officer's Report and Recommendations is not a final administrative determination of the Public Employment Relations Commission. The case is transferred to the Commission which reviews the Report and Recommendations, any exception 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.
PERC Citation:
H.O. No. 79-3, 4 NJPER 487 (¶4223 1978)
Appellate History:
Additional:
Miscellaneous:
NJPER Index:
220.306 456.203 437.14 456.2014
Issues:
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| NJ PERC: | . |  - HO 79-003.pdf |
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