IN THE MATTER OF STATE OF NEW JERSEY AND COUNCIL OF NEW JERSEY STATE COLLEGE LOCALS, AFT, ET AL. (NEW JERSEY PUBLIC EMPLOYMENT RELATIONS COMMISSION) - Published Appellate

     The State of New Jersey challenges the final agency decision of the Public Employment Relations Commission (PERC) that twenty-eight employees working in eleven positions at Kean University, Montclair State University, and The College of New Jersey, can be members of collective bargaining units –– The Council of New Jersey State College Locals or the Communications Workers of America (collectively unions).  In deciding the unions' clarification of unit petitions, PERC determined the employees can be union members because their job duties do not satisfy the managerial executive exception which precludes union membership for "persons who formulate management policies and practices" and have "the responsibility of directing the effectuation of such management policies and practices."  N.J.S.A. 34:13A-3.

     The court rejects the State's contentions that PERC erred in:  (1) determining the  job titles do not satisfy the managerial executive exception because they "are [not] charged with the responsibility of directing the effectuation of such management policies and practices"; and (2) interpreting the Employer-Employee Relations Act, N.J.S.A. 34:13A-1 to -64, to require that managerial executives who formulate policies without independent review from others can join the unions.  The court concludes PERC's ruling is not arbitrary, capricious, or unreasonable because it is consistent with the record and the applicable law.