P.E.R.C. No. 2000-65, Orange Tp

CaptionSTATE OF NEW JERSEY MERIT SYSTEM BOARD AND PUBLIC EMPLOYMENT RELATIONS COMMISSION In the Matter of CITY OF ORANGE TOWNSHIP - OAL DKT. NO. CSV 3113-99 FIRE DEPARTMENT LAYOFF, AGENCY DKT NO. 1999-00598 CITY OF ORANGE FIRE OFFICERS, LOCAL 210, Charging Party, -and- PERC DKT. NO. CO-H-99-39 TOWNSHIP OF ORANGE, Respondent. ¶

AppearancesAppearances: ¶

For the Appellants, Fox & Fox, attorneys ¶

(Stacey B. Rosenberg, of counsel) ¶

For the Charging Party, John D. Feeley, President ¶

For the Respondent, McCormack & Matthews, attorneys ¶

(Thomas M. McCormack, of counsel) ¶

JOINT DECISION ¶

On June 23, 1998, the City of Orange Fire Officers Association, Local 210 filed an appeal to the Merit System Board on behalf of Local 210, Deputy Chiefs James Fonzino and Charles Messina and Captains Frank DeAngelis and Guy DeVincentis. The appellants allege that the City of Orange Township's layoff/demotion actions affecting these employees were in bad faith; in violation of the Civil Service Act, N.J.S.A. 11A:1-1 et seq .; and did not follow required pre-layoff actions including negotiations and discussions with Local 210 or the appellants to explore the possibility of cost-saving initiatives as well as alternatives to layoff. The appeal was transmitted to the Office of Administrative Law as a contested case. ¶

On August 10, 1998, Local 210 filed an unfair practice charge against the City of Orange Township. The charge alleges that the demotions were an attempt to influence the union's position in interest arbitration and were intended to chill negotiations in violation of the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-1 et seq. ¶

On April 26, 1999, the City filed a motion for consolidation. It argued that both actions arise from the City's layoff plan and involve the City's motivation for that plan. ¶

On May 18, 1999, Local 210 and Captains Fonzino and Messina filed certifications opposing consolidation. ¶

On January 4, 2000, Administrative Law Judge Ken R. Springer issued an Order of Consolidation and Predominant Interest. He found that both agencies have subject matter jurisdiction over the claim that the City acted in bad faith, the sole issue in dispute is whether the City acted in good faith, both the individual employees and the union share a common interest in ensuring that firefighters are treated fairly and are not victims of anti-union animus, both agencies have broad remedial authority, and both appeals are inextricably intertwined and incapable of separation. The Judge ordered that the cases be consolidated and that the Board be found to have the predominant interest. ¶

Having independently evaluated the record and considered the Administrative Law Judge's order, the Merit System Board at its meeting on February , 2000 and the Chair of the Public Employment Relations Commission, acting pursuant to authority delegated to her by the full Commission, on January 20, 2000 made the following determination in this matter. ¶

JOINT ORDER ¶

The above matters are consolidated for hearing before the Administrative Law Judge. The 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 protected activity was a substantial or motivating factor in the layoff/demotions; and ¶

The Commission's decision and the complete record will then be sent to the Merit System Board which will then determine whether the layoff/demotions were for legitimate business reasons and were otherwise warranted under Merit System Law; and ¶

Where appropriate, the matter will be returned to the Commission for its consideration of whether specialized relief is warranted under its Act. ¶

DECISION RENDERED BY THE DECISION RENDERED BY THE CHAIR OF ¶

MERIT SYSTEM BOARD ON THE PUBLIC EMPLOYMENT RELATIONS ¶

FEBRUARY 10, 2000 COMMISSION ON JANUARY 20, 2000 ¶

Janice Mitchell Mintz Millicent A. Wasell ¶

Commissioner Chair ¶

DATED: Trenton, New Jersey DATED: Trenton, New Jersey ¶

February 10, 2000 January 20, 2000 ¶