P.E.R.C. No. 2005-46, NW Bergen Cty Util Auth
NJ Public Employment Relations Commission decision P.E.R.C. No. 2005-46, issued January 27, 2005: unfair practice charge, NW Bergen Cty Util Auth. The Commission denies George Warholak’s motion to reopen an unfair practice charge matter to consider newly discovered evidence. The unfair practice char
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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. 2005-46
- Issued
- January 27, 2005
- Employer, as PERC printed it
- NW Bergen Cty Util Auth
- Docket
- CO-1989-301
- Kind of decision
- Unfair practice charge
- Reported at
- 31 NJPER 79 (¶35 2005)
Synopsis
As PERC published it.
The Commission denies George Warholak’s motion to reopen an unfair practice charge matter to consider newly discovered evidence. The unfair practice charge was filed by the Utility Workers Union of America, AFL-CIO, Local 534 against the Northwest Bergen County Utilities Authority and was dismissed in October 1992. P.E.R.C. No. 93-29, 18 NJPER 493 (¶23226 1992). The charge involved allegations that Warholak was demoted because he engaged in activity protected by the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-1 et seq. The Commission finds no basis to reopen the case and notes that Warholak was not the charging party.
Issue, as PERC stated it: Petitions for rehearing or reconsideration; motion to reopen denied
It also cites N.J.S.A. 34:13A-1, which this site does not reproduce, so it is 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 NORTHWEST BERGEN COUNTY UTILITIES AUTHORITY, Respondent, -and- Docket No. CO-1989-301 UTILITY WORKERS UNION OF AMERICA, AFL-CIO, LOCAL 534, Charging Party. ¶
SynopsisSYNOPSIS ¶
The Commission denies George Warholak’s motion to reopen an unfair practice charge matter to consider newly discovered evidence. The unfair practice charge was filed by the Utility Workers Union of America, AFL-CIO, Local 534 against the Northwest Bergen County Utilities Authority and was dismissed in October 1992. P.E.R.C. No. 93-29, 18 NJPER 493 (¶23226 1992). The charge involved allegations that Warholak was demoted because he engaged in activity protected by the New Jersey Employer- Employee Relations Act, N.J.S.A. 34:13A-1 et seq . The Commission finds no basis to reopen the case and notes that Warholak was not the charging party. ¶
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 NORTHWEST BERGEN COUNTY UTILITIES AUTHORITY, Respondent, -and- Docket No. CO-1989-301 UTILITY WORKERS UNION OF AMERICA, AFL-CIO, LOCAL 534, Charging Party. ¶
AppearancesAppearances: ¶
George Warholak, pro se ¶
DECISION ¶
On December 29, 2004, George Warholak filed a motion to reopen this matter so that we could consider newly discovered evidence. This evidence was allegedly discovered in October 2003 and allegedly relates to an unfair practice charge that was filed by the Utility Workers Union of America, AFL-CIO, Local 534 against the Northwest Bergen County Utilities Authority and that was dismissed in October 1992. P.E.R.C. No. 93-29, 18 NJPER 493 (¶23226 1992). The charge involved allegations that Warholak was demoted because he engaged in activity protected by the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-1 et seq. ¶
There is no basis to reopen a case based on “newly discovered evidence” that was discovered well over a year ago and that seeks to reopen a case decided over ten years ago. Cf. R . 4:50-1 (court rule requiring that newly discovered evidence must be presented within a reasonable time and not more than one year after the original order). In addition, we note that Warholak was not the charging party. ¶
OrderORDER ¶
The motion to reopen this matter is denied. ¶
BY ORDER OF THE COMMISSION ¶
Lawrence Henderson ¶
Chairman ¶
Chairman Henderson, Commissioners Buchanan, Fuller, Mastriani and Watkins voted in favor of this decision. Commissioners DiNardo and Katz were not present. None opposed. ¶
DATED: January 27, 2005 ¶
Trenton, New Jersey ¶
ISSUED: January 27, 2005 ¶
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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