P.E.R.C. No. 2000-80, NJ/State (State Police)

CaptionSTATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION In the Matters of STATE OF NEW JERSEY (DIVISION OF STATE POLICE), Petitioner, -and- Docket No. SN-2000-26 STATE TROOPERS NON-COMMISSIONED OFFICERS ASSOCIATION, Respondent. STATE OF NEW JERSEY (DIVISION OF STATE POLICE), Petitioner, -and- Docket No. SN-2000-27 STATE TROOPERS FRATERNAL ASSOCIATION OF NEW JERSEY, Respondent. ¶

AppearancesAppearances: ¶

For the Petitioner, John J. Farmer, Jr., Attorney General ¶

(Sally Ann Fields, Senior Deputy Attorney General, on the brief) ¶

For the Respondent, Loccke & Correia, P.A., attorneys ¶

(Joseph Licata, on the brief) ¶

DECISION ¶

On February 10, 2000, the State Troopers Non-Commissioned Officers Association and the State Troopers Fraternal Association of New Jersey moved for reconsideration of P.E.R.C. No. 2000-61, ¶

26 NJPER 98 (¶31040 2000). In that decision, we restrained arbitration over the decision of the State of New Jersey (Division of State Police) to hold promotions in abeyance pending the completion of internal investigations. The employer opposes reconsideration. ¶

The Associations argue that we did not apply the established scope of negotiations framework to all the issues sought to be arbitrated and failed to adequately explain our conclusion that the "absence of a pending internal affairs investigation was not the functional equivalent of the State employer's application of an unannounced promotional criterion." ¶

The employer responds that the Associations have not set forth any extraordinary circumstances warranting reconsideration or specified any evidence in the record upon which it relies. ¶

P.E.R.C No. 2000-61 holds that requiring the employer to permanently promote employees under investigation would unduly encroach on the employer's prerogative to make promotional decisions. Accordingly, arbitration was restrained over the decision to hold promotions in abeyance pending the completion of internal investigations. Severable breach of contract issues, such as claims for compensation for officers who have been serving in an acting capacity in higher ranks, were not the subject of the employer's petitions and were not addressed in our order restraining arbitration over the substantive decision to hold promotions in abeyance. ¶

The Associations have not presented any extraordinary circumstances warranting reconsideration. N.J.A.C. 19:13-3.11. Accordingly, the motion is denied. ¶

OrderORDER ¶

Reconsideration is denied. ¶

BY ORDER OF THE COMMISSION ¶

Millicent A. Wasell ¶

Chair ¶

Chair Wasell, Commissioners McGlynn, Muscato, Ricci and Sandman voted in favor of this decision. Commissioners Buchanan and Madonna voted against this decision. ¶

DATED: April 27, 2000 ¶

Trenton, New Jersey ¶

ISSUED: April 28, 2000 ¶