D.R. NO. 78-28

STATE OF NEW JERSEY

PUBLIC EMPLOYMENT RELATIONS COMMISSION

BEFORE THE DIRECTOR OF REPRESENTATION

In the Matter of

ORANGE BOARD OF EDUCATION,

Public Employer,

-and-	Docket No. CU-76-49

ORANGE NON-CERTIFIED EMPLOYEES

ASSOCIATION,

Petitioner.

Appearances:

For the Public Employer

Beck, Reichstein & Guidone, Esqs.

(Philip F. Guidone, Of Counsel)

For the Petitioner

Goldberg, Simon & Selikoff, Esqs.

(Gerald M. Goldberg, Of Counsel)

DECISION

Pursuant to a Notice of Hearing to resolve a question concerning the composition of a collective negotiations unit represented by the Orange Non-Certified Employees Association (the "Association") a hearing was held before James F. Schwerin, on April 28, June 1 and June 28, 1977, at which time all parties were given an opportunity to examine and cross-examine witnesses, present evidence, and argue orally. Neither party filed a brief, and the Hearing Officer issued his Report and Recommendations on September 23, 1977. 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 Orange Board of Education (the "Board") 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"), the employer of the employees involved herein, and is subject to the provisions of the Act.

2.	The Orange Non-Certified Employees Association is an employee representative within the meaning of the Act and is subject to its provisions.

3.	The Association is the exclusive representative of a negotiations unit consisting of all secretaries, clerk-typists, senior secretaries and other non-certified personnel employed by the Board. The Association has filed the instant Clarification of Unit Petition seeking a determination as to the status of six Administrative Secretaries, the Office Manager/Payroll Clerk, Purchasing Bookkeeper, and two Bookkeepers. The Association claims that these personnel are not confidential employees, as defined in N.J.S.A. 34:13A-3(g)1/ and, consequently, are includable in its negotiations unit. The Board claims that these personnel are confidential employees. 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 Superintendent of Schools, Associate Superintendent for Personnel, and the Business Manager conducted collective negotiations with the various employee organizations which represent the Board's employees, report on the status of negotiations, draft recommendations, and attend all Board sessions where negotiations strategy is planned. However, he found that the Associate Superintendent for Curriculum does not participate in negotiations nor does he have significant input in labor relations.

The Hearing Officer concluded that one of the two Administrative Secretaries to the Superintendent is routinely required to perform secretarial duties directly involving confidential labor relations materials prepared for and by the Superintendent. The other secretary, while performing some of the same functions as the first secretary on a semi-regular basis, is also responsible for maintaining a policy file including all Board policies in the area of labor relations. Accordingly, the Hearing Officer recommended that the two Administrative Secretaries to the Superintendent be designated as confidential employees and excluded from the unit of non-
certified employees.

In considering the two Administrative Secretaries to the Associate Superintendent for Personnel, the Hearing Officer found that one secretary routinely performs secretarial functions with regard to the negotiations position reports prepared by the Associate Superintendent for the Board's negotiations strategy meetings. However, it was found that the second secretary is not assigned to the preparation of confidential materials. Therefore, the Hearing Officer recommended that only the one Administrative Secretary to the Associate Superintendent for Personnel be designated as a confidential employee within the meaning of the Act.

Additionally, the Hearing Officer found that the Administrative Secretary to the Business Manager is routinely required to type proposed settlements, draft agreements, and the Business Manager's recommendations to the Board concerning the negotiations which he conducts. Consequently, the Hearing Officer recommended that the Administrative Secretary to the Business Manager be determined a confidential employee.

In view of the finding that the Associate Superintendent for Curriculum does not participate in the formulation or administration of labor relations, the Hearing Officer recommended a determination that the Administrative Secretary to the Associate Superintendent for Curriculum is not a confidential employee.

The Hearing Officer, having found that the Office Manager/Payroll Clerk takes the minutes at closed meetings of the Board and participates in the financial aspect of developing negotiations proposals, recommended that she be determined a confidential employee.

As to the other employees in dispute, the Purchasing Bookkeeper and the two Bookkeepers, the Hearing Officer found that, while they prepare financial data which is later used by the Administration in the formulation of negotiations proposals, they are not privy to the proposals themselves. The Hearing Officer found therefore, that the Board's ability to negotiate is not compromised by the inclusion of these employees in the collective negotiations unit. Accordingly, he recommended a determination that these employees are not confidential employees.

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 conclusions and recommendations that the two Administrative Secretaries to the Superintendent, one Administrative Secretary to the Associate Superintendent for Personnel, the Administrative Secretary to the Business Manager, and the Office Manager/Payroll Clerk are confidential employees, while the other Administrative Secretary to the Associate Superintendent for Curriculum, the Purchasing Bookkeeper, and the two Bookkeepers are not confidential employees, are consistent with an in accordance with prior standards enumerated by the Commission in previous decisions involving confidential employees.2/ The record reveals that the Superintendent, Associate Superintendent for Personnel, and the Business Manager play key roles in the formulation and implementation of labor relations policies which entail the preparation of confidential negotiations material, and that the two Administrative Secretaries to the Superintendent, one of the Administrative Secretaries to the Associate Superintendent for Personnel, and the Administrative Secretary to the Business Manager have, in the exercise of their duties, handled such confidential material 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. The record further reveals that the Office Manager/Payroll Clerk, who takes the minutes at closed sessions of the Board and participates in the financial aspect of preparing negotiations proposals, has in the past, and would be expected in the future, to have access to and knowledge of confidential labor relations materials in the regular exercise of these duties. The finding that the second Administrative Secretary to the Associate Superintendent for Personnel, the Administrative Secretary to the Associate Superintendent for Curriculum, the Purchasing Bookkeeper and the two Bookkeepers do not in the regular course of their duties handle confidential materials and would not be expected to do so in the future is also supported by the record.

Accordingly, the undersigned finds that the Administrative Secretaries to the Superintendent, one of the Administrative Secretaries to the Associate Superintendent for Personnel, the Administrative Secretary to the Business Manager and the Office Manager/Payroll Clerk are confidential employees within the meaning of the Act. Inasmuch as these employees are confidential employees, they are excluded from the Association's non-certified personnel unit immediately upon this determination.3/

Additionally, the undersigned finds that the second Administrative Secretary to the Associate Superintendent for Personnel, the Administrative Secretary to the Associate Superintendent for Curriculum, the Purchasing Bookkeeper, and the two Bookkeepers are not confidential employees and, accordingly, they are to be included in the Association's non-certified personnel unit.

BY ORDER OF THE DIRECTOR

OF REPRESENTATION

/s/Carl Kurtzman, Director

DATED:	December 15, 1977

Trenton, New Jersey