P.E.R.C. No. 2003-34, Lindenwold B/E; Pine Hill B/E; Winslow Tp B/E
NJ Public Employment Relations Commission decision P.E.R.C. No. 2003-34, issued December 5, 2002: unfair practice charge, Lindenwold B/E; Pine Hill B/E; Winslow Tp B/E. The Chair of the Public Employment Relations Commission and the Merit System Board entered a joint order relating to an unfair prac
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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. 2003-34
- Issued
- December 5, 2002
- Employer, as PERC printed it
- Lindenwold B/E; Pine Hill B/E; Winslow Tp B/E
- Dockets
- CO-2002-235, CO-2002-236, CO-2002-237
- Kind of decision
- Unfair practice charge
- Reported at
- 29 NJPER 340 (¶107 2002)
Synopsis
As PERC published it.
The Chair of the Public Employment Relations Commission and the Merit System Board entered a joint order relating to an unfair practice charge filed with the Commission and an appeal filed with the Commissioner of Education. The Commissioner will first hear and determine whether N.J.S.A. 18A:13-64 requires transfer, from a dissolved regional district to its newly configured constituents, of the tenure rights, compensation, and other terms and conditions of employment disputed by the petitioners. The matter will then be forwarded to the Commission so that it may hear and decide any remaining issues.
Issue, as PERC stated it: OAL; Dual Filings; Deferral
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 LINDENWOLD EDUCATION ASSOCIATION, Petitioner, OAL Dkt. No. EDU 112-02 -and- DOE Dkt. No. 489-11/01 BOARD OF EDUCATION OF THE TOWNSHIP PERC Dkt. No. CO-2002-235 OF LINDENWOLD, CAMDEN COUNTY, Respondent. --------------------------------------- PINE HILL EDUCATION ASSOCIATION, Petitioner, OAL Dkt. No. EDU 113-02 -and- DOE Dkt. No. 492-11/01 BOARD OF EDUCATION OF THE TOWNSHIP PERC Dkt. No. CO-2002-236 OF PINE HILL, CAMDEN COUNTY, Respondent. --------------------------------------- WINSLOW TOWNSHIP EDUCATION ASSOCIATION, Petitioner, OAL Dkt. No. EDU 114-02 -and- DOE Dkt. No. 491-11/01 BOARD OF EDUCATION OF THE TOWNSHIP PERC Dkt. No. CO-2002-237 OF WINSLOW, CAMDEN COUNTY, Respondent. --------------------------------------- ¶
DECISION ¶
The recommended Order of the Office of Administrative Law (OAL) has been reviewed by the Commissioner of Education and the Chair of the Public Employment Relations Commission pursuant to N.J.A.C. 1:1-17.7. ¶
Upon consideration and consultation, the Commissioner and Chair concur with the Administrative Law Judge that the Commissioner should hear and determine the issue of whether N.J.S.A . 18A:13-64 requires transfer, from the dissolved regional district to its newly configured constituents, of the tenure rights, compensation and other terms and conditions of employment disputed by petitioners. They further concur that the Commissioner's resolution of this issue, including any threshold question as to whether petitioners' school law appeal was timely filed, should precede the Public Employment Relations Commission's resolution of the remainder of the dispute, consisting of related unfair practice charges pending before the Commission. ¶
Accordingly, IT IS ORDERED that this matter shall proceed pursuant to the recommendation of the OAL. The Commissioner shall, following OAL hearing and recommendation, issue his determination with respect to the interpretation of N.J.S.A . 18A:13-64; he shall then forward that determination to the Public Employment Relations Commission so that it may hear and decide any remaining issues. In effectuation of this process, the Public Employment Relations Commission shall stay its consideration of petitioners' unfair practice charges until it has received the determination of the Commissioner. ¶
William L. Librera, Ed.D. Millicent A. Wasell, Chair ¶
Commissioner of Education Public Employment Relations Commission ¶
DATED: DECEMBER 5, 2002 DATED: NOVEMBER 25, 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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