P.E.R.C. No. 2003-1, NJ/State (Corrections)

CaptionSTATE OF NEW JERSEY MERIT SYSTEM BOARD AND PUBLIC EMPLOYMENT RELATIONS COMMISSION : In the Matter of : : DONALD E. DUDICH, : : Appellant, : JOINT ORDER : ON CONSOLIDATION AND v. : PREDOMINANT INTEREST : NEW JERSEY STATE PRISON, : : Respondent. : OAL Docket No. CSV 661-01 : : STATE OF NEW JERSEY, : (DEPARTMENT OF CORRECTIONS), : : Respondent, : PERC Docket Nos. CI-H-2000-42 : CI-H-2001-4 -and- : CI-H-2001-7 : CI-H-2001-48 DONALD E. DUDICH, : : Charging Party. : : : ¶

AppearancesAppearances: ¶

For the Appellant-Charging Party, Kusnirik & Fornaro, attorneys (Richard D. Fornaro, on the brief) ¶

For the Respondent, Jennifer Meyer-Mahoney, Legal Specialist, New Jersey State Prison ¶

JOINT DECISION ¶

On May 22, July 18, and August 2, 2000 and February 2, 2001, Donald E. Dudich filed unfair practice charges against the State of New Jersey (Department of Corrections). The charges allege that the employer retaliated against Dudich for his activity as a union representative, including suspending him for 25 days in retaliation for such activity. ¶

On July 9, 2001, a Complaint issued on the consolidated charges. ¶

Dudich also appealed his suspension to the Merit System Board. That matter was transmitted to the Office of Administrative Law as a contested case. ¶

Dudich moved for consolidation of the Complaint and appeal and for a determination that the Commission has the predominant interest. The motion was unopposed. ¶

On May 28, 2002, Administrative Law Judge Joseph F. Fidler ordered that the matters be consolidated with the Commission having the predominant interest. The Commission would issue a final decision on whether the employer has engaged in the unfair practices alleged by Dudich, including the retaliatory action. The Commission's factual findings and legal conclusions on all issues would be binding on the Board in the event it must make a determination regarding any remaining requests for relief. ¶

No exceptions to the ALJ's order were filed. ¶

Having independently evaluated the record and considered the ALJ's Order, the Merit System Board, at its meeting on July 17, 2002 and the Chair of the Public Employment Relations Commission, acting pursuant to authority delegated to her by the full Commission, on July 2, 2002 determined that the two cases should be consolidated and decided consistent with ALJ's recommendation. ¶

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 the employer has retaliated against Dudich for activity protected by the Employer-Employee Relations Act; and ¶

If the Commission determines that the 25-suspension was in retaliation for Dudich's protected activity, the matter will be transferred to the Board for its consideration of whether specialized relief is warranted under its Act; and ¶

If the Commission determines that the 25-day suspension was not in retaliation for Dudich's protected activity, the matter will be transferred to the Board for its consideration of the sufficiency of the underlying disciplinary charges. ¶

DECISION RENDERED BY THE DECISION RENDERED BY THE CHAIR ¶

MERIT SYSTEM BOARD ON OF THE PUBLIC EMPLOYMENT ¶

July 17, 2002 RELATIONS COMMISSION ON ¶

July 2, 2002 ¶

Ida L. Castro Millicent A. Wasell ¶

Commissioner Chair ¶

Department of Personnel Public Employment Relations ¶

Commission ¶