P.E.R.C. No. 2005-25, NJ/State Judiciary (Ocean)

NJ Public Employment Relations Commission decision P.E.R.C. No. 2005-25, issued October 28, 2004: scope of negotiations, NJ/State Judiciary (Ocean). The Public Employment Relations Commission grants, in part, the request of the New Jersey State Judiciary (Ocean Vicinage) for a restraint of binding a

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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. 2005-25
Issued: October 28, 2004
Employer, as PERC printed it: NJ/State Judiciary (Ocean)
Docket: SN-2004-071
Kind of decision: Scope of negotiations
Reported at: 30 NJPER 439 (¶144 2004)

Synopsis

As PERC published it.

The Public Employment Relations Commission grants, in part, the request of the New Jersey State Judiciary (Ocean Vicinage) for a restraint of binding arbitration of a grievance filed by the Probation Association of New Jersey, Professional Supervisors Union. The grievance asserts that the Vicinage violated the parties’ collective negotiations agreement when it required employees who had exceeded 15 days of sick leave in a 12-month period to provide doctors’ notes for any future sick leave. The Commission grants a restraint to the extent the grievance challenges the employer’s power to require employees absent more than 15 days (or 105 hours) in a 12-month period to submit doctors’ notes fo future absences. The request for a restraint is denied to the extent, if any, the grievance addresses the issue of payment for doctors’ notes.

Issue, as PERC stated it: Administrative service employees, compensation, leaves of absence, sick leave

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 NEW JERSEY STATE JUDICIARY (OCEAN VICINAGE), Petitioner, -and- Docket No. SN-2004-071 PROBATION ASSOCIATION OF NEW JERSEY, PROFESSIONAL SUPERVISORS UNION, Respondent. ¶

AppearancesAppearances: ¶

For the Petitioner, Elaine D. Dietrich, Counsel to the Director, Administrative Office of the Courts ¶

(Thomas Russo, staff attorney, on the brief) ¶

For the Respondent, Mark Cimino, attorney, on the brief ¶

DECISION ¶

On May 12, 2004, the New Jersey State Judiciary (Ocean Vicinage) petitioned for a scope of negotiations determination. The Vicinage seeks a restraint of binding arbitration of a grievance filed by the Probation Association of New Jersey, Professional Supervisors Union (PANJ). The grievance asserts that the Vicinage violated the parties’ collective negotiations agreement when it required supervisors who had exceeded 15 days of sick leave in a 12-month period to provide doctors’ notes for any future sick leave. ¶

The parties have filed briefs and exhibits. The Vicinage has filed the certification of its Human Resources Manager. ¶

We have decided a companion case today involving the Vicinage and another PANJ affiliate. New Jersey State Judiciary (Ocean Vicinage), P.E.R.C. No. 2005-24, __ NJPER ___ (¶ _____ 2004). The facts in that case and this case are materially the same. The parties’ arguments are also the same, except that PANJ does not argue in this case that the scope petition was untimely. We therefore incorporate our findings of fact and our analysis in the companion case, reach the same result, and enter the same order. ¶

OrderORDER ¶

The request of the New Jersey State Judiciary (Ocean Vicinage) for a restraint of binding arbitration is granted to the extent the grievance challenges the employer’s power to require employees absent more than 15 days (or 105 hours) in a 12-month period to submit doctors’ notes for future absences. The request for a restraint is denied to the extent, if any, the grievance addresses the issue of payment for doctors’ notes. ¶

BY ORDER OF THE COMMISSION ¶

Lawrence Henderson ¶

Chairman ¶

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

DATED: October 28, 2004 ¶

Trenton, New Jersey ¶

ISSUED: October 28, 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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