P.E.R.C. No. 2002-57, Burlington Cty

CaptionSTATE OF NEW JERSEY BEFORE THE MERIT SYSTEM BOARD AND PUBLIC EMPLOYMENT RELATIONS COMMISSION In the Matter of : : MATILDA ENDRESS, : JOINT ORDER : ON CONSOLIDATION AND Appellant, : PREDOMINANT INTEREST : -and- : OAL Docket No. CSV 8330-00 : BURLINGTON COUNTY, : : Respondent. : : : BURLINGTON COUNTY, : : Respondent, : : -and- : PERC Docket No. CO-H-2001-98 : COMMUNICATIONS WORKERS OF : AMERICA, LOCAL 1034. : : Charging Party. : ¶

AppearancesAppearances: ¶

For the Charging Party/Appellant, Steve Jarema, CWA Staff Representative ¶

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

DECISION ¶

Matilda Endress was suspended for six days by Burlington County on charges of insubordination, conduct unbecoming a State employee, neglect of duty, and other sufficient cause. On September 28, 2000, she appealed to the Merit System Board. ¶

On October 19, 2000, Communications Workers of America, Local 1034 filed an unfair practice charge alleging that Endress was suspended and subjected to spurious charges as part of an effort to destroy the bargaining unit. On January 10, 2001, the charge was amended to add additional allegations. On February 20, 2001, a Complaint and Notice of Hearing based on the charge and amendment issued. ¶

The County sought an order consolidating the matters and declaring that the predominant interest lies with the Board. Petitioner did not oppose the motion. ¶

On February 8, 2002, Administrative Law Judge Kathryn A. Clark issued a decision and order consolidating the cases before the ALJ and determining that the Board should have the predominant interest. On February 27, the ALJ issued another decision and order more fully explaining the basis for her decision. ¶

Having independently evaluated the record and considered the ALJ's Order, the Board, at its meeting on March 27, 2002 and the Chair of the Public Employment Relations Commission, acting pursuant to authority delegated to her by the full Commission, on March 13, 2002 determined that the two cases should be consolidated and decided consistent with our approach in similar cases. See, e.g., State of New Jersey (Dept. of Treasury) , P.E.R.C. No. 2002-25, 28 NJPER 45 (¶33012 2001). ¶

JOINT ORDER ¶

The Merit System Board appeal and the Public Employment Relations Commission Complaint are consolidated for hearing before the 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 Endress 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 suspension; 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 Civil Service 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 ¶

MARCH 27, 2002 RELATIONS COMMISSION ON ¶

MARCH 13, 2002 ¶

Ida L. Castro Millicent A. Wasell ¶

Commissioner Chair ¶

Department of Personnel Public Employment Relations ¶

Commission ¶