P.E.R.C. No. 2003-45, NJ/State (Community Affairs)

CaptionSTATE OF NEW JERSEY BEFORE THE MERIT SYSTEM BOARD AND PUBLIC EMPLOYMENT RELATIONS COMMISSION In the Matters of STATE OF NEW JERSEY, DEPARTMENT OF COMMUNITY AFFAIRS, JOINT ORDER ON CONSOLIDATION AND Respondent, PREDOMINANT INTEREST -and- DOP Docket No. 2002-622 OAL Docket No. CSV 9344-01 MAXIMO NINAL, Appellant. --------------------------------------- STATE OF NEW JERSEY (DEPARTMENT OF COMMUNITY AFFAIRS), Respondent, -and- Docket No. CI-H-2002-15 MAXIMO NINAL, Charging Party. ¶

AppearancesAppearances: ¶

For the Respondent, David Samson, Attorney General (Karen Griffen and Melissa Resnick, Deputy Attorneys General) ¶

For the Charging Party, Robert H. Jaffee & Associates, P.A., attorneys (Robert H. Jaffe, of counsel) ¶

JOINT DECISION ¶

Maximo Ninal filed an appeal with the Merit System Board from the determination of the State of New Jersey, Department of Community Affairs to terminate his employment. Ninal also filed an unfair practice charge with the Public Employment Relations Commission. The appeal was transmitted to the Office of Administrative Law and a Complaint on the unfair practice charge was issued. ¶

The respondent filed a notice of motion for Consolidation and Predominant Interest Determination. The appellant/charging party does not oppose consolidation. ¶

On November 27, 2002, Administrative Law Judge Robert J. Giordano issued a decision and order consolidating the cases before the ALJ and determining that the Board should have the predominant interest. ¶

Having independently evaluated the record and considered the ALJ's Order, the Board, at its meeting on January 15, 2003 and the Chair of the Public Employment Relations Commission, acting pursuant to authority delegated to her by the full Commission, on December 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 Ninal 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 termination; 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 action was for legitimate business reasons and was 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 ¶

JANUARY 15, 2003 RELATIONS COMMISSION ON ¶

DECEMBER 13, 2002 ¶

Margaret E.L. Howard Millicent A. Wasell ¶

Presiding Board Member Chair ¶

Public Employment Relations ¶

Commission ¶