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P.E.R.C. No. 2004-50, Passaic

NJ Public Employment Relations Commission decision P.E.R.C. No. 2004-50, issued February 27, 2004: unfair practice charge, Passaic. The Public Employment Relations Commission denies the request of PBA Local 14 for reconsideration of I.R. No. 2004-7. In that case, a Commission designee found that the

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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. 2004-50
Issued
February 27, 2004
Employer, as PERC printed it
Passaic
Docket
CO-2003-193
Kind of decision
Unfair practice charge
Reported at
30 NJPER 67 (¶21 2004)

Synopsis

As PERC published it.

The Public Employment Relations Commission denies the request of PBA Local 14 for reconsideration of I.R. No. 2004-7. In that case, a Commission designee found that the PBA did not meet its burden to establish that it has a substantial likelihood of success on the merits of its unfair practice claims that the City unilaterally changed mandatorily negotiable shift bidding procedures. The Commission holds that it is not its role to second-guess the designee’s determination through a motion for reconsideration. If interim relief is denied, any appeal is to the Superior Court by way of motion for leave to appeal. R. 2:2-4.

Issue, as PERC stated it: Reconsideration denied

It also cites N.J.A.C. 19:14-8.4, N.J.A.C. 19:10-4.1, N.J.A.C. 19:14-9.1, 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 CITY OF PASSAIC, Respondent, -and- Docket No. CO-2003-193 PBA LOCAL 14, Charging Party.

SynopsisSYNOPSIS

The Public Employment Relations Commission denies the request of PBA Local 14 for reconsideration of I.R. No. 2004-7. In that case, a Commission designee found that the PBA did not meet its burden to establish that it has a substantial likelihood of success on the merits of its unfair practice claims that the City unilaterally changed mandatorily negotiable shift bidding procedures. The Commission holds that it is not its role to second-guess the designee’s determination through a motion for reconsideration. If interim relief is denied, any appeal is to the Superior Court by way of motion for leave to appeal. R. 2:2- 4.

This synopsis is not part of the Commission decision. It has been prepared for the convenience of the reader. It has been neither reviewed nor approved by the Commission.

CaptionSTATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION In the Matter of CITY OF PASSAIC, Respondent, -and- Docket No. CO-2003-193 PBA LOCAL 14, Charging Party.

AppearancesAppearances:

For the Respondent, Scarinci & Hollenbeck, LLC, attorneys (Sean D. Dias, of counsel)

For the Charging Party, Loccke & Correia P.A., attorneys (Michael A. Bukosky, of counsel)

DECISION

PBA Local 14 has requested that the full Commission reconsider an interim relief decision of a Commission designee. See I.R. No. 2004-7, 30 NJPER 5 (¶2 2004). The City of Passaic opposes reconsideration. We deny the PBA’s request. N.J.A.C. 19:14-8.4.

A Commission designee acts on behalf of the full Commission. N.J.A.C . 19:10-4.1. An interim relief order is an interlocutory decision of the Commission issued to prevent irreparable harm to a charging party during the pendency of unfair practice litigation in which the charging party has a substantial likelihood of success when a final decision is issued. N.J.A.C. 19:14-9.1. If interim relief is granted, enforcement of an interim relief order is in the Superior Court. R . 4:67-6. If interim relief is denied, any appeal is to the Superior Court by way of a motion for leave to appeal. R. 2:2-4.

In rare circumstances, a designee might have misunderstood the facts presented or a party’s argument. That situation might warrant the designee’s granting a motion for reconsideration of his or her own decision. However, only in cases of exceptional importance will we intrude into the regular interim relief process by granting a motion for reconsideration by the full Commission. A designee’s interim relief decision should rarely be a springboard for continued interim relief litigation.

To prevail in the interim relief proceeding, the PBA had the burden to establish that it has a substantial likelihood of succeeding on the merits of its unfair practice claims. In response to the PBA’s claim that the City unilaterally changed mandatorily negotiable shift bidding procedures, the City asserted that shift bidding by strict seniority would have interfered with its managerial prerogative to ensure that there was sufficient staffing on each shift to address public safety concerns within the City. A certification from its deputy chief supported the City’s assertion. The designee found that there was sufficient evidence of a managerial prerogative to prevent the PBA from meeting its burden. It is not the role of the full Commission to second-guess that determination through a motion for reconsideration.

OrderORDER

Reconsideration is denied.

BY ORDER OF THE COMMISSION

Lawrence Henderson

Chairman

Chairman Henderson, Commissioners Buchanan, DiNardo, Mastriani and Sandman voted in favor of this decision. None opposed. Commissioner Katz was not present.

DATED: February 26, 2004

Trenton, New Jersey

ISSUED: February 27, 2004

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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