P.E.R.C. No. 2003-29, Glen Ridge Sch Pers
NJ Public Employment Relations Commission decision P.E.R.C. No. 2003-29, issued November 1, 2002: unfair practice charge, Glen Ridge Sch Pers. The Public Employment Relations Commission dismisses a motion for reconsideration filed by Kenneth T. Tucker, Jr. of P.E.R.C. No. 2002-72. In that decision,
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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. 2003-29
- Issued
- November 1, 2002
- Employer, as PERC printed it
- Glen Ridge Sch Pers
- Docket
- CI-H-96-32
- Kind of decision
- Unfair practice charge
- Reported at
- 28 NJPER 451 (¶33165 2002)
Synopsis
As PERC published it.
The Public Employment Relations Commission dismisses a motion for reconsideration filed by Kenneth T. Tucker, Jr. of P.E.R.C. No. 2002-72. In that decision, the Commission ordered the Glen Ridge School Personnel Association and the New Jersey Education Association to comply with their duty of fair representation under N.J.S.A. 34:13A-5.3 by reimbursing Kenneth T. Tucker, Jr. at reasonable and customary rates for the attorney of his choice to represent him in his grievance arbitration proceeding. In his motion, Tucker argues that the Commission should also have issued relief on a civil rights claim. The Commission dismisses the motion, which was filed more than a month late and after the time to appeal had run, as untimely.
It also cites N.J.S.A. 34:13A-5.3, N.J.A.C. 19:14-8.4, which this site does not reproduce, so they are 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 GLEN RIDGE SCHOOL PERSONNEL ASSOCIATION AND NEW JERSEY EDUCATION ASSOCIATION, Respondents, -and- Docket No. CI-H-96-32 KENNETH T. TUCKER, JR., Charging Party. ¶
AppearancesAppearances: ¶
For the Respondents, Wills, O'Neill & Mellk, attorneys (Arnold M. Mellk, of counsel) ¶
For the Charging Party, Kenneth T. Tucker, Jr., pro se ¶
DECISION ¶
On August 2, 2002, Kenneth T. Tucker, Jr. moved for reconsideration of P.E.R.C. No. 2002-72, 28 NJPER 251 (¶33095 2002). In that May 31, 2002 decision, we ordered the Glen Ridge School Personnel Association and the New Jersey Education Association to comply with their duty of fair representation under N.J.S.A . 34:13A-5.3 by reimbursing Kenneth T. Tucker, Jr. at reasonable and customary rates for the attorney of his choice to represent him in his grievance arbitration proceeding. In his motion, Tucker argues that we should also have issued relief on a civil rights claim. ¶
After clearing up some confusion about the nature of Tucker's submission, we gave the respondents until September 18, ¶
2002 to file a response. They did so on September 13. They argue that the motion for reconsideration is untimely and should not be considered. Tucker objects to our consideration of the response. ¶
N.J.A.C . 19:14-8.4 requires that a motion for reconsideration be filed within 15 days of service of the Commission decision. A motion had to be filed by June 18, 2002. This motion was filed more than a month late and after the time to appeal had run. It cannot be considered. Cf. Wausau Ins. Co. v. Prudential Property and Casualty Ins. Co ., 312 N.J. Super . 516 (App. Div. 1998) (motion for reconsideration cannot be used as a substitute for a timely appeal); In re Hill, 241 N.J. Super . 367 (App. Div. 1990) (when time for taking appeal has run, parties to judgment have vested right which cannot be taken from them). ¶
OrderORDER ¶
The motion for reconsideration is dismissed as untimely. ¶
BY ORDER OF THE COMMISSION ¶
Millicent A. Wasell ¶
Chair ¶
Chair Wasell, Commissioners Buchanan, Katz, Mastriani, McGlynn, Ricci and Sandman voted in favor of this decision. None opposed. ¶
DATED: October 31, 2002 ¶
Trenton, New Jersey ¶
ISSUED: November 1, 2002 ¶
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.
The label is ours. The kind of decision is our reading of the docket and the text. A decision applies the law to its own facts, may since have been appealed or overtaken, and is not a prediction for any other dispute. Nothing here is legal advice.
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