P.E.R.C. No. 2006-56, NJ/State (Corrections)
NJ Public Employment Relations Commission decision P.E.R.C. No. 2006-56, issued February 23, 2006: unfair practice charge, NJ/State (Corrections). The Public Employment Relations Commission denies the New Jersey State Corrections Officers Association/FOP Lodge 200’s motion for reconsideration of P.E
PERC decisions and contracts · Search PERC decisions
A decision of the New Jersey Public Employment Relations Commission (PERC), not of the Civil Service Commission.
- Decision
- P.E.R.C. No. 2006-56
- Issued
- February 23, 2006
- Employer, as PERC printed it
- NJ/State (Corrections)
- Docket
- CO-2006-084
- Kind of decision
- Unfair practice charge
- Reported at
- 32 NJPER 37 (¶18 2006)
Synopsis
As PERC published it.
The Public Employment Relations Commission denies the New Jersey State Corrections Officers Association/FOP Lodge 200’s motion for reconsideration of P.E.R.C. No. 2006-49. In that decision, the Commission ordered the FOP to refund to the named charging parties the representation fees in lieu of dues collected between July 1 and October 18, 2005. The FOP alleges that over half of the named charging parties did not pay representation fees and are not entitled to a refund. The Commission holds that there is no reason to reconsider its order. If a charging party did not pay a fee to the FOP, then that person is not entitled to a refund.
Issue, as PERC stated it: Petitions for Rehearing or Reconsideration
It also cites N.J.A.C. 19:14-8.4, 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 STATE OF NEW JERSEY and NEW JERSEY STATE CORRECTIONS OFFICERS ASSOCIATION/FOP LODGE 200, Respondents, Docket No. CO-2006-084 STATE CORRECTIONS OFFICERS PBA LOCAL 105 and NEW JERSEY STATE PBA and INDIVIDUALS, Charging Parties. ¶
SynopsisSYNOPSIS ¶
The Public Employment Relations Commission denies the New Jersey State Corrections Officers Association/FOP Lodge 200’s motion for reconsideration of P.E.R.C. No. 2006-49. In that decision, the Commission ordered the FOP to refund to the named charging parties the representation fees in lieu of dues collected between July 1 and October 18, 2005. The FOP alleges that over half of the named charging parties did not pay representation fees and are not entitled to a refund. The Commission holds that there is no reason to reconsider its order. If a charging party did not pay a fee to the FOP, then that person is not entitled to a refund. ¶
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 STATE OF NEW JERSEY and NEW JERSEY STATE CORRECTIONS OFFICERS ASSOCIATION/FOP LODGE 200, Respondents, Docket No. CO-2006-084 STATE CORRECTIONS OFFICERS PBA LOCAL 105 and NEW JERSEY STATE PBA and INDIVIDUALS, Charging Parties. ¶
AppearancesAppearances: ¶
For the Respondent, FOP, Joseph A. Carmen, P.A., attorney ¶
For the Charging Parties, Zazzali, Fagella, Nowak, Kleinbaum & Friedman, attorneys (Robert A. Fagella, of counsel) ¶
DECISION ¶
On February 1, 2006, New Jersey State Corrections ¶
Officers Association/FOP Lodge 200 moved for reconsideration of P.E.R.C. No. 2006-49, __ NJPER __ (¶__ 2006). In that decision, we ordered the FOP to refund to the named charging parties the representation fees in lieu of dues collected between July 1 and October 18, 2005. The FOP now states that over half of the named charging parties did not pay representation fees and are not entitled to a refund. The charging parties oppose reconsideration. ¶
Reconsideration will be granted only in extraordinary circumstances not present here. N.J.A.C. 19:14-8.4. Our order requires the FOP to refund representation fees. If a named charging party did not pay representation fees to the FOP, then that person is not entitled to a refund. There is no reason to reconsider or recast our order. ¶
OrderORDER ¶
Reconsideration is denied. ¶
BY ORDER OF THE COMMISSION ¶
Chairman Henderson, Commissioners Buchanan, DiNardo, Fuller and Watkins voted in favor of this decision. None opposed. Commissioner Katz was not present. ¶
ISSUED: February 23, 2006 ¶
Trenton, New Jersey ¶
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.
To report an error on this page, use the contact form.