Feyisayo Oladapo, CSC Docket No. 2021-95

Appellant's argumentFeyisayo Oladapo requests that her name be changed from suspended to active on the Human Services Assistant Special Reemployment List (SRL), to have her name remain on certification OS200142, and to be considered for a position with Greystone Psychiatric Hospital (Greystone).

BackgroundBy way of background, Oladapo was a Human Services Assistant for Woodbridge Developmental Center (Woodbridge). In June 2014, as part of its pending closure, Oladapo was bumped during the layoff to Trenton Psychiatric Hospital (Trenton)1 as a Human Services Assistant. Thereafter, Oladapo’s name was certified from the Human Services Assistant SRL to New Jersey Veterans Memorial Homes – Menlo Park (Menlo Park)2, which is in Middlesex County, on certification OS200142, dated February 21, 2020. It is noted that she had special reemployment rights to locations in Middlesex County since Woodbridge was also in Middlesex County. In response to certification OS200142, Oladapo indicated that she was not available at that time.3 However, as she did not give a specific reason as to why she was not available, this agency suspended her name from the subject SRL.

1 Both Greystone and Trenton are under the Department of Health. 2 This facility is under the Department of Military and Veterans Affairs. 3 Personnel records indicate that Oladapo has been on a leave of absence starting February 8, 2020.

Appellant's argumentOn appeal, Oladapo states that she wants her name to remain on certification OS200142. Additionally, she requests that her name be considered for positions with Greystone as this is her first choice and priority.

CONCLUSION

RuleN.J.A.C. 4A:8-2.3(a)2 states that a permanent employee shall be granted special reemployment rights based on the permanent title from which he or she has been laid off, demoted, or displaced by job location. In addition, the employee shall be entitled to special reemployment rights to his or her previously held lateral or demotional title. These rights are further delineated as follows. An employee who is displaced by job location in a layoff action, but remains in his or her permanent title, or is reappointed to his or her permanent title from a special reemployment list, shall have special reemployment rights only to his or her original job location at the time of the layoff. In cases where no facility or office remains in the original job location, the employee shall be provided the choice of another location. As permitted by the Chairperson or designee for other good cause, and upon written request by the employee with notice to the appointing authority, the employee may substitute another job location for the original job location.

AnalysisInitially, it is noted that Oladapo was certified to Menlo Park on certification OS200142 since she was a Human Services Assistant at Woodbridge prior to its closing, which is located in the same county as Menlo Park. As such, Agency Services suspended her name from the subject SRL since she did not indicate why she was not available for appointment when she responded to certification OS200142. Therefore, there are no grounds to keep her name on certification OS200142 as that certification was recorded in April 2020. Further, Oladapo did not list Morris County, where Greystone is located, as one of her acceptable work locations on the declaration form at the time of the layoff.

However, Agency Services indicates that since Oladapo has requested that her name be reactivated, it shall reactivate her name to the subject SRL. Additionally, a review of the record indicates that there is currently only one name on the subject SRL with special reemployment rights to Greystone. Further, this individual’s name is currently certified to Greystone on certification OS200194 and that certification has yet to be returned. As such, there shall be no names on the subject SRL with rights to Greystone once this individual is either appointed or removed from the list. Therefore, the Commission finds that there is good cause under these circumstances to relax N.J.A.C. 4A:8-2.3(a)2 and to add Morris County as a location on Oladapo’s declaration form so that she may be considered for prospective opportunities with Greystone from the subject SRL.

ORDER

Therefore, it is ordered that these requests be granted in part. Feyisayo Oladapo’s request to restore her name to certification OS200142 is denied. Agency Services shall reactivate her name on the subject SRL where she will have rights to any locations that she had rights based on her declaration form that she filled out at the time of the layoff. Additionally, Agency Services shall add Morris County as a location on her declaration form for prospective opportunities.

ClosingThis is the final administrative determination in this matter. Any further review should be pursued in a judicial forum.