ADMINISTRATIVE LAW
01-2-5864 In the Matter of State of New Jersey v. Council of New Jersey State College Locals AFT, App. Div. (Maven, J.A.D.) (21 pp.) After the legislature amended the statutory definition of “managerial executive” in the New Jersey Employer-Employee Relations Act, and the state rejected AFT’s demand during its negotiations with the state seeking the inclusion of additional job titles that had previously been excluded from its bargaining unit as managerial executives under the earlier statutory definition, AFT, later joined by the CWA, filed a clarification of unit petition to include various employment titles within the bargaining unit. They appealed the Public Employment Relations Commission’s dismissal of their petition. The panel found that PERC correctly determined that college employees are not state employees when applying N.J.S.A. 34:13A-3(f) to determine whether any such employee is a managerial executive but that PERC acted arbitrarily and capriciously in dismissing the petition without first conducting a complete review of the functions ascribed to the job titles submitted by the unions to determine if any of the employees were managerial executives as defined for “public employers other than the State of New Jersey.” The panel reversed and remanded for a hearing on that issue.
