DANIEL BURKE, CSC Docket No. 2020-600

BackgroundThe appeal of Daniel Burke, Municipal Engineer with Jackson, Department of Administration, of the good faith of his layoff, effective August 30, 2019, was heard by Administrative Law Judge Tricia M. Caliguire (ALJ), who rendered her consolidated initial decision on October 24, 2024. Exceptions were filed on behalf of the appointing authority and a reply was filed on behalf of the appellant.

AnalysisHaving considered the record and the attached ALJ's initial decision, and having made an independent evaluation of the record, the Civil Service Commission (Commission), at its meeting on March 19, 2025, accepted and adopted the ALJ's Findings of Fact and Conclusions as they related to Burke's appeal of his layoff as contained in the initial decision and the recommendation to reverse the layoff.

DISCUSSION

Initially, it is noted that this matter was a consolidated case with the Public Employment Relations Commission (PERC), where it had the predominant interest. As such, the ALJ's initial decision was first forwarded to PERC to allow it to make its final decision on the issue as to whether, as found by the ALJ, the layoff was motivated by anti-union animus and intended to interfere with protected union activity in violation of the New Jersey Employer-Employee Relations Act.

In its final decision, issued January 30, 2025, PERC considered the exceptions filed by the appointing authority and adopted the ALJ's findings and conclusions as they related to the unfair practice charge, namely, that the appointing authority violated N.J.S.A. 34:13A-5.4a(3) of the New Jersey Employer-Employee Relations