P.E.R.C. No. 2002-1, NJ/State (Human Serv)

CaptionSTATE OF NEW JERSEY BEFORE THE MERIT SYSTEM BOARD AND PUBLIC EMPLOYMENT RELATIONS COMMISSION In the Matter of : : STATE OF NEW JERSEY : JOINT ORDER (DEPARTMENT OF HUMAN SERVICES), : ON CONSOLIDATION AND : PREDOMINANT INTEREST Respondent, : : -and- : OAL DOCKET NOS. CSV 3112-99 : CSV 3329-00, CSV 5014-00, JACQUELINE MATHES, : CSV 5015-00, CSV 7219-00, : CSV 7672-00 & CSV 7711-00 Appellant. : : : STATE OF NEW JERSEY : (DEPARTMENT OF HUMAN SERVICES), : : Respondent, : : -and- : PERC DOCKET NO. CO-H-2000-141 : COMMUNICATIONS WORKERS : OF AMERICA, AFL-CIO, : : Charging Party. : ¶

AppearancesAppearances: ¶

For the Charging Party and Appellant, Weissman & Mintz, attorneys (Rosemarie Cipparulo, on the motion) ¶

For the Respondent, John J. Farmer, Jr., Attorney General (George N. Cohen, Deputy Attorney General) ¶

JOINT DECISION ¶

Jacqueline Mathes worked as a Supervising Family Services Specialist II in the Northern Passaic District Office in the Division of Youth and Family Services of the Department of Human Services. Her employer brought several major disciplinary actions against her which Mathes, a classified Civil Service employee, appealed to the Merit System Board. These actions included a ten-day suspension (CSV 03112-99), a demotion (CSV 03329-00), and five removal actions (CSV 05014-00, 05015-00, 07219-00, 07711-00, and 07672-00). The appeals were transferred to the Office of Administrative Law for hearing. ¶

In addition, the Communications Workers of America, AFL-CIO, the majority representative of primary level supervisors, filed an unfair practice charge asserting that the employer violated 5.4a(1), (3) and (5) of the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-1 et seq ., by taking these major disciplinary actions and two minor disciplinary actions (a reprimand and a one-day suspension) against Mathes. The charge asserted that she was disciplined in retaliation for activity protected by the Act, including publicly complaining about working conditions, picketing, and filing a grievance. The employer filed an Answer denying that its disciplinary actions were retaliatory. A Complaint was issued. ¶

Mathes moved for consolidation of the MSB appeals and PERC Complaint. That motion was unopposed. ¶

On May 23, 2001, Administrative Law Judge Maria M. LaFiandra issued a decision and order consolidating the MSB and PERC cases for a hearing before an ALJ. On June 1, she issued an amended order determining the issue of which agency had the predominant interest in reviewing the ALJ's report once it was issued. She ruled that PERC would review the PERC case and the MSB would review all other matters. ¶

Having independently evaluated the record and considered the ALJ's Order, the Merit System Board, at its meeting on July 10, 2001, and the Chair of the Public Employment Relations Commission, acting pursuant to authority delegated to her by the full Commission, on June 22, 2001, made the following determination: ¶

JOINT ORDER ¶

The Merit System Board appeals and the Public Employment Relations Commission Complaint are consolidated for hearing before an Administrative Law Judge. The ALJ 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.A.C. 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 Mathes engaged in activity protected under the New Jersey Employer-Employee Relations Act and whether that activity, if protected, was a substantial or motivating factor in the contested disciplinary actions; and ¶

The Commission's decision and the complete record will then be sent to the Merit System Board which will then determine whether the disciplinary actions were for legitimate business reasons and were otherwise warranted under Merit system laws; and ¶

If 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 ¶

MERIT SYSTEM BOARD ON OF THE PUBLIC EMPLOYMENT ¶

JULY 10, 2001 RELATIONS COMMISSION ON ¶

JUNE 22, 2001 ¶

Janice Mitchell Mintz Millicent A. Wasell ¶

Commissioner Chair ¶

Department of Personnel Public Employment Relations ¶

Commission ¶

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

7/10/01 6/22/01 ¶