P.E.R.C. No. 2000-87, Burlington Cty

NJ Public Employment Relations Commission decision P.E.R.C. No. 2000-87, issued April 28, 2000: unfair practice charge, Burlington Cty. The Public Employment Relations Commission dismisses a Complaint against the County of Burlington. The Complaint was based on an unfair practice charge filed by the

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A decision of the New Jersey Public Employment Relations Commission (PERC), not of the Civil Service Commission.

Decision: P.E.R.C. No. 2000-87
Issued: April 28, 2000
Employer, as PERC printed it: Burlington Cty
Docket: CO-H-99-10
Kind of decision: Unfair practice charge
Reported at: 26 NJPER 219 (¶31090 2000)

Synopsis

As PERC published it.

The Public Employment Relations Commission dismisses a Complaint against the County of Burlington. The Complaint was based on an unfair practice charge filed by the Communications Workers of America, Local 1034, AFL-CIO. The charge alleges that the County violated the New Jersey Employer-Employee Relations Act when it suspended Colleen Fox, a registered nurse at Buttonwood Hospital, for six days and when the Director of Nursing told Fox at a disciplinary hearing that "the only reason you are here is because you chose to go to the union." Fox also appealed the suspension to the Merit System Board. An Administrative Law Judge issued a decision finding that the 6-day suspension for the offense was unjustified and he recommended that a written reprimand was the proper penalty. He also found that the Director of Nursing did not make such a statement and that the Complaint should be dismissed. The County filed exceptions with the Merit System Board and the Board issued a decision adopting the ALJ's findings and conclusion. Neither party filed exceptions with the Commission and the Commission accepts the ALJ's findings and dismisses the Complaint.

It also cites N.J.S.A. 34:13A-1, which this site does not reproduce, so it is not linked.

The decision

The panel is the decision as PERC issued it; labels, links and ¶ are ours.

CaptionSTATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION In the Matter of : : COUNTY OF BURLINGTON, : : Respondent, : : -and- : PERC Docket No. CO-H-99-10 : COMMUNICATION WORKERS OF AMERICA, : LOCAL 1034, AFL-CIO, : : Charging Party. : : : : COUNTY OF BURLINGTON, : : Respondent, : : -and- : OAL Docket No. CSV 8122-98S : COLLEEN FOX, : : Appellant, : ¶

AppearancesAppearances: ¶

For the Appellant-Charging Party, Calvin W. Money, CWA Representative ¶

For the Respondent, Evan H.C. Crook, County Solicitor (Daniel Hornickel, Assistant County Solicitor) ¶

DECISION ¶

On July 9, 1998, the Communications Workers of America, Local 1034, AFL-CIO filed an unfair practice charge against the County of Burlington. The charge alleges that the County violated the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-1 et seq ., specifically 5.4a(1) and (3), when it suspended Colleen Fox, a registered nurse at Buttonwood Hospital, for six days. ¶

According to the charge, the Director of Nursing told Fox at a disciplinary hearing that "the only reason you are here is because you chose to go to the union." ¶

Fox also appealed her suspension to the Merit System Board. The Chair of the Commission and the Merit System Board entered a joint order consolidating the charge and appeal for hearing before an Administrative Law Judge and assigning the predominant interest to the Merit System Board. P.E.R.C. No. 2000-44, 26 NJPER 46 (¶31015 1999). ¶

Administrative Law Judge Solomon A. Metzger conducted a hearing and issued an initial decision. With respect to the Merit System Board appeal, he concluded that Fox had failed to submit a follow-up report requested by her supervisor, but that a six-day suspension for this offense was unjustified and that a written reprimand was the proper penalty. With respect to the unfair practice charge, he found that the Director of Nursing had not made the statement alleged in the charge and that the Complaint should therefore be dismissed. ¶

The County filed exceptions with the Merit System Board. On March 3, 2000, the Merit System Board issued a decision adopting the ALJ's findings of fact and conclusion. It ordered that the disciplinary penalty of a six-day suspension be reduced to a written reprimand and that Fox receive back pay. ¶

Neither party filed exceptions with us. We accept the ALJ's findings of fact and recommended dismissal of the Complaint in the unfair practice case. ¶

OrderORDER ¶

The Complaint is dismissed. ¶

BY ORDER OF THE COMMISSION ¶

Millicent A. Wasell ¶

Chair ¶

Chair Wasell, Commissioners Buchanan, Madonna, McGlynn, Muscato, Ricci and Sandman voted in favor of this decision. None opposed. ¶

DATED: April 27, 2000 ¶

Trenton, New Jersey ¶

ISSUED: April 28, 2000 ¶

About this page

Not an official copy. The decision of record is PERC's document page and the PDF PERC published. The text here was extracted from it and may differ in layout or, rarely, in a character.

Not the Civil Service Commission. PERC is a separate state agency from the Civil Service Commission. It administers the New Jersey Employer-Employee Relations Act, which governs collective negotiations in public employment; the Civil Service Commission administers Title 11A, which governs hiring, titles and discipline.

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