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D.R. No. 80-12

Synopsis:

The Director of Representation, agreeing with the recommendations of a Hearing Officer, determines that the Chief Clerk Typist in the office of the Assistant Superintendent of Schools is a confidential employee and excludes the employee from representation within a unit of secretarial employees represented by the Association. The Director finds that the Chief Clerk Typist handles confidential negotiatons material prepared by the Assistant Superintendent and would continue to have access and knowledge of such material in the exercise of her secretarial duties in the future. The Director concludes that the extent of the Chief Clerk Typist's access to and exposure to the collective negotiations process renders her membership in any appropriate negotiating unit incompatible with her official duties.

PERC Citation:

D.R. No. 80-12, 5 NJPER 506 (10261 1979)

Appellate History:



Additional:



Miscellaneous:



NJPER Index:

16.22 33.43

Issues:


DecisionsWordPerfectPDF
NJ PERC:.DR 80-012.wpdDR 80-012.pdf - DR 80-012.pdf

Appellate Division:

Supreme Court:



D.R. NO. 80-12 1.
D.R. NO. 80-12
STATE OF NEW JERSEY
PUBLIC EMPLOYMENT RELATIONS COMMISSION
BEFORE THE DIRECTOR OF REPRESENTATION

In the Matter of

BOARD OF EDUCATION OF THE
CITY OF RAHWAY,

Public Employer/Petitioner,

-and- Docket No. CU-79-35

RAHWAY EDUCATION ASSOCIATION,

Employee Representative.

Appearances:

For the Public employer/Petitioner
Magner, Abraham, Orlando, Kahn & Pisansky
(Leo Kahn, of Counsel)

For the Employee Representative
Zazzali, Zazzali & Whipple
(Albert Kroll, of Counsel)
DECISION

On February 2, 1979, a Clarification of Unit Petition was filed with the Public Employment Relations Commission (the A Commission @ ) by the Board of Education of the City of Rahway (the A Board @ ) seeking to exclude a certain employee from the collective negotiations unit currently represented by the Rahway Education Association (the A Association @ ).1/ Specifically, the Board seeks to exclude the Chief Clerk Typist in the office of the Assistant Superintendent of Schools from the Association = s unit, as a confidential employee within the meaning of N.J.S.A. 34:13A-3(g).
Pursuant to a Notice Rescheduling Hearing dated May 2, 1979, a hearing was held before Hearing Officer Steven P. Weissman on May 7, 1979 in Newark, New Jersey, at which all parties were given an opportunity to examine and cross-examine witnesses, to present evidence, and to argue orally. Both parties elected not to file briefs.
On July 23, 1979, the Hearing Officer issued his report and Recommendations, a copy of which is attached hereto and made a part hereof. No exceptions to that report 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 Board of Education of the City of Rahway is a public employer within the meaning of the New Jersey Employer- Employee Relations Act, N.J.S.A. 34:13A-1 et seq. (the A Act @ ), is the employer of the employees who are the subject of this Petition, and is subject to the provisions of the Act.
2. The Rahway Education Association is an employee representative within the meaning of the Act and is subject to its provisions.
3. The Board filed the instant Petition seeking to exclude the above-named secretarial title, currently occupied by Dolores Jedic, from the existing unit arguing that Ms. Jedic performs confidential duties which make her inclusion in the unit inappropriate. On the other hand, the Association maintained that Ms. Jedic is not a confidential employee. Accordingly, there is a question concerning the composition of a collective negotiations unit and the matter is properly before the undersigned for determination.
4. The Hearing Officer concluded that Ms. Medic is a confidential employee within the meaning of the Act. Initially, the Hearing Officer examined the duties of the Assistant Superintendent, the individual for whom Ms. Jedic works. The Hearing Officer found that, due to a reorganization by the Board in the fall of 1978, the Assistant Superintendent is responsible for assisting the Superintendent in the preparation and administration of the budget, for assisting in the preparation and research for negotiations, for participating in negotiations and for assisting in grievance hearings. Hence, the Hearing Officer found the Assistant Superintendent is intimately involved in the formulation and administration of labor relations policies and that his secretary, Ms. Jedic, in the course of her duties and functions, has access to and handles confidential labor relations materials.
Having reviewed the entire record, the Hearing Officer = s Report and Recommendations, and noting the lack of any party = s exceptions to the Report, the undersigned finds that there is ample record evidence to support the Hearing Officer = s findings, and these are specifically adopted. Moreover, the Hearing Officer = s conclusion and recommendation that the employee in dispute is a confidential employee is consistent with and in accordance with prior decisions rendered by the Commission involving confidential employees.2/ The record reveals that the Assistant Superintendent performs functions on behalf of the Board which entail the preparation of confidential negotiations material, and that the secretary assigned to the Assistant Superintendent has, in the exercise of her duties, handled such confidential material and would be expected to continue to have access to and knowledge of such material in the exercise of her secretarial duties in the future. The undersigned is satisfied that the extent of Ms. Jedic = s access and exposure to the collective negotiations process renders her membership in any appropriate negotiating unit incompatible with her official duties.3/
Accordingly, the undersigned finds that the secretary to the Assistant Superintendent is a confidential employee within the meaning of the Act. Inasmuch as this employee is a confidential employee, she is excluded from the Association = s secretarial unit immediately upon this determination.4/
BY ORDER OF THE DIRECTOR
OF REPRESENTATION

Carl Kurtzman, Director

DATED: October 30, 1979
Trenton, New Jersey
1/ Article I Recognition of the Agreement between the parties for the period July 1, 1977 to June 30, 1979, includes: Classroom Teachers, Special Education Teachers, Guidance Counselors, Librarians, Nurses, Social Workers, Clerk- typists, Custodians, Coaches, Maintenance Personnel, and Learning Disability-Teacher Consultants.
    2/ In re Board of Education, Township of West Milford, P.E.R.C. No. 56 (1971); In re Bloomfield Board of Education, E.D. No. 76-40 (1976); and In re Springfield Board of Education, E.D. No. 52 (1974).
    3/ In re Township of Dover, D.R. No. 79-19, 5 NJPER 61 ( & 10040 1979).
    4/ In re Clearview Regional High School Board of Education, D.R. No. 78-2, 3 NJPER 248 (1977).
***** End of DR 80-12 *****