P.E.R.C. No. 2000-102, Middlesex Cty Shrf

CaptionSTATE OF NEW JERSEY MERIT SYSTEM BOARD AND PUBLIC EMPLOYMENT RELATIONS COMMISSION In the Matter of MIDDLESEX COUNTY SHERIFF Respondent, -and- Docket No. CI-H-98-59 JOSEPH A. KASHA and STEVEN ECKEL, Charging Parties. ----------------------------------------- COUNTY OF MIDDLESEX, Respondent, v. OAL Dkt. No. CSV 10229-98 STEVEN ECKEL, Appellant. ----------------------------------------- ¶

AppearancesAppearances: ¶

For the Respondent, Purcell, Ries, Shannon, Mulcahy & O'Neill, attorneys (Kevin Kovacs, of counsel) ¶

For the Charging Party-Appellant, Brian M. Cige, attorney ¶

JOINT DECISION ¶

Steven Eckel, president of FOP Lodge No. 59, and Joseph A. Kasha, an FOP State delegate, filed an unfair practice charge with the Public Employment Relations Commission against the Middlesex County Sheriff. The charge alleges that the public employer violated the New Jersey Employer-Employee Relations Act, N.J.S.A . 34:13A-1 et seq ., by treating FOP members disparately. Included among the alleged disparate illegal conduct is a ten-day suspension imposed upon Eckel, which is the subject of an appeal before the Merit System Board. ¶

On March 17, 2000, the respondent moved to consolidate the two matters and for a determination that the Commission has the predominant interest. On April 14, the charging parties and the appellant filed a response. They did not disagree. ¶

On May 9, 2000, Administrative Law Judge M. Kathleen Duncan issued an initial order granting the respondents' motion. No exceptions have been filed. ¶

Having independently evaluated the record and considered the Administrative Law Judge's order, the Merit System Board at its meeting on June , 2000 and the Chair of the Public Employment Relations Commission, acting pursuant to authority delegated to her by the full Commission, on May 30, 2000 made the following determination in this matter. ¶

JOINT ORDER ¶

The above matters are consolidated for hearing before a Hearing Examiner of the Public Employment Relations Commission designated as a Special Administrative Law Judge. The Administrative Law Judge will first offer recommended findings of fact and conclusions of law to both the Public Employment Relations Commission and the Merit System Board, disposing of all issues in controversy through a single initial decision under N.J.S.A . 1:1-18.3 and consistent with N.J.A.C. 1:1-17.8(a); and ¶

Upon transmittal of the initial decision to both agencies, the underlying record will be forwarded to the Commission to determine whether the employer violated the Employer-Employee Relations Act, including whether it did so in suspending Eckel for ten days. If the Commission finds that the suspension violated the Act, the decision and complete record will be sent to the Merit System Board for imposition of whatever specialized relief is warranted under Merit System law. If the Commission determines that Eckel's would have been disciplined even absent his FOP activity, then its decision and the complete record will be sent to the Merit System Board which will determine whether Eckel's suspension was otherwise warranted under Merit System law. ¶

DECISION RENDERED BY THE DECISION RENDERED BY THE CHAIR OF ¶

MERIT SYSTEM BOARD ON THE PUBLIC EMPLOYMENT RELATIONS ¶

JUNE 20, 2000 COMMISSION ON MAY 30, 2000 ¶

Lewis A. Scheindlin Millicent A. Wasell ¶

Acting Commissioner Chair ¶