DIRECTOR OF UNFAIR PRACTICES AND REPRESENTATION

Examples of work

• Establishes the philosophy and policy of the Public Employment Relations Commission in the areas of representation and unfair practices within the broad guidelines established by the commission and the provisions of this Act.
• Responsible for the implementation and consistent application of policies established by the Commission and the Director.
• Develops and recommends to the Commission adoption of rules and regulations relating to representation and unfair practices.
• Applies specialized knowledge in field of public sector labor relations to unique factual settings as they arise in order to resolve representation and unfair practice cases.
• Interviews and hires professional and non-professional individuals who will work primarily in the areas of representation and unfair practices.
• Evaluates, promotes and discharges professional and non-professional employees under his supervisions.
• Trains and furnishes guidance to staff members through in-service training seminars, written directives, and other appropriate methods to maintain and/or increase the level of competency as well as to inform them of recent decisions of the Commission, the Director, the Courts and decisions emanating from other jurisdictions in both the public and private sectors.
• Prepares and supervises the administration of the budget of the Unfair Practices and Representation Sections of the Commissions.
• Lectures and participates in educational and training programs as a representative of the Commission with major employers and employee organizations and at university seminars.
• Appoints staff personnel to investigate representation petitions filed by public employee organizations and public employees.
• Appoints staff personnel to process charges of alleged violations of the act, filed by public employers, employee organizations and individuals seeking remedial action in such areas as discriminatory discharge, bad faith negotiations, etc. which by statute are within the exclusive jurisdiction of the Commission to prevent and remedy.
• Designates hearing officers in disputes involving representation questions with due regard for the complexity of the issues, the parties involved and the special expertise led experience of the hearing officer.
• Issues notices of hearing in representation cases where petitioner, public employer and his interveners are unable to resolve the matter through an agreed upon method of adjustment approved by the Director.
• Issues complaints in unfair practice cases when it appears that the allegations of the charging party, if true, may constitute unfair practices and that formal proceedings should be Instituted.
• Refuses to issue complaints where, in his discretion, the standards for the issuance of complaints have not been met.
• Makes decisions with regard to the deferral of the processing of unfair practice charges to contractual arbitration procedures in appropriate circumstances.
• Appoints hearing examiners in cases involving alleged unfair practices with due regard for the complexity of the issues, the parties involved and the special experience and expertise of the hearing examiner.
• Approves settlement agreements where appropriate in unfair practice cases when satisfied that the settlement adequately remedies any violation of the Act.
• Determines the adequacy of the showing of interest filed in representation matters. The decision is act subject to collateral attack,
• Approves, is appropriate, all requests for withdrawals of clarification, of unit and representation petitions and unfair practice charges.
• Approves all Agreements for Consent Election when satisfied that unit is appropriate.
• Supervises all representation elections which determine whether an employee organization represents a majority of employees in an appropriate unit.
• May, in his discretion, issue subpoenas requiring productions of election eligibility lists in representation cases and' may institute appropriate enforcement proceedings in event of non- compliance. These actions are not reviewable.
• Rules upon motions for intervention in cases involving questions concerning representation.
• Supervises the work operations and/or functional programs and has responsibility for effectively recommending the hiring, firing, promoting, demoting and/or disciplining of employee.
• May, in the reasonable exercise of his discretion, issue a decision directing an election in an appropriate unit if it appears that there is reasonable cause believe that a valid question concerning representation exists in an appropriate unit, that the policies of the Act will be effectuated thereby, and that an election will reflect the free choice of the employees in the appropriate unit. These decisions must take cognizance of the differences between, the public and private sectors and those factors such as Title 11, Title 11A, Title 40 and the specific provisions of the New Jersey Employer-Employee Relations t that distinguish New Jersey from other jurisdictions in both the public and private sectors.
• Responsible for the issuance of decisions, after receipt of the record, adopting, rejecting or modifying hearing officer's reports and recommendations. He may decide the matter upon the record or reopen the record .and receive further evidence before a designated hearing officer. The decision and order sets forth findings of fact, conclusions of law, decision, order or direction. The decision, order or direction is a final administrative determination subject to the filing of a request for review with the Commission.
• Makes periodic reports to the Commission regarding caseload activity, significant developments, trends, trouble spots, etc.
• Performs such other functions as the Commission may require.
• <b> REQUIREMENTS
• EDUCATION </b>
• Graduation from an accredited college with a Bachelor degree supplemented a law degree.

Experience

At least seven years of comprehensive employment the field of labor relations, at least three of which shall have been is a supervisory capacity. This experience must include substantial exposure to the procedures and practice of various neutral labor relations administrative agencies.

Knowledge, skills and abilities

• Wide knowledge of public and private sector labor law and courtroom procedures.
• Wide knowledge of administrative law of the State of New Jersey.
• Wide knowledge of personnel administration techniques so as to be able e to hire and train competent employees and to evaluate their performances and in order to develop efficient administrative procedures.
• Ability to serve as a supervisor and administrator and delegate professional and duties, to establish and modify goals, and evaluate results.
• Ability to establish and conduct in-service training programs for personnel and to train personnel in the techniques and methods utilized by the in dispute resolution.
• Ability to issue decisions resulting from investigations or hearings held by Hearing Officers which are of such merit and quality as to withstand the scrutiny and review of the Commission in cases where a request for review has been granted and in the Appellate Division of the Superior Court when notices of appeal have been filed.
• Ability to conduct conferences in situation! which are extremely sensitive and of statewide importance in a tense, adversarial environment.
• Ability to fashion and recommend settlements in situations which are complex and delicate and may be of a precedential nature.
• Ability to read, write, speak, understand, or communicate in English sufficiently to perform the duties of the position. Communication may include such forms American Sign Language or braille.
• Persons with mental or physical disabilities are eligible as long as they can perform the essential functions of the job after reasonable accommodation is made to their known limitations. If the accommodation cannot be made because it would cause the employer undue hardship, such persons may not be eligible.