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| Claremont
Support Staff Petitioner and AFSCME, Local 1348 Respondent |
Case
No. A-0582-4 Decision No. 2000-039 |
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PRE-HEARING CONFERENCE MEMORANDUM AND ORDER BACKGROUND The Claremont Support Staff (Petitioner) filed for decertification of the present exclusive representative, AFSCME #1348 (Respondent) on April 4, 2000. The petition indicated that there were eighteen (18) employees in the unit and that decertification was supported by 55.55% as represented by individual signature cards. It also recognized the Respondent as the present representative and the Town of Claremont as the public employer. On April 19, 2000 the Respondent filed its objection alleging, among other things, that the petition lacked strict compliance with the requirements of Pub 301.03, in that it lacked the number of employees in each classification and did not express the reasons for excluded positions. The Respondent also objected on the basis that the petition incorrectly identified the budget submission date and was filed outside the time period permitted under the rules. The public employer's budget submission date is December 31, 2000. On May 4, 2000 the Petitioner filed an Amended Petition for Decertification describing the number of employees in each position, indicating the exclusionary classification of certain positions, and addressing the technical issue raised by the Respondent relating to its proper legal name. There is no existing collective bargaining agreement in place. The present exclusive bargaining representative was certified just over two years ago on March 25, 1998. PARTICIPATING REPRESENTATIVES For the Petitioner: Tracy L. Pope For the Respondent: Jack McMath
The Petitioner and Respondent both attended a Pre-Hearing Conference on May 10, 2000 before the undersigned, acting as Hearings Officer. After brief discussion among the parties, the Respondent withdrew its objection to the Petition for Decertification and the parties agreed that the sole relief was that an election be conducted. Accordingly, an Order of Election shall issue and an election shall thereafter be scheduled. So ordered. Signed this 10th day of May, 2000. /s/ Donald E. Mitchell |
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