P.E.R.C. No. 2007-55, Montclair B/E
NJ Public Employment Relations Commission decision P.E.R.C. No. 2007-55, issued March 29, 2007: unfair practice charge, Montclair B/E. The Public Employment Relations Commission denies an appeal of D.U.P. No. 2007-9 filed by Tab Cox. In that case, the Director of Unfair Practices refused to issue 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. 2007-55
- Issued
- March 29, 2007
- Employer, as PERC printed it
- Montclair B/E
- Docket
- CI-2006-036
- Kind of decision
- Unfair practice charge
- Reported at
- 33 NJPER 76 (¶27 2007)
Synopsis
As PERC published it.
The Public Employment Relations Commission denies an appeal of D.U.P. No. 2007-9 filed by Tab Cox. In that case, the Director of Unfair Practices refused to issue a Complaint based on the unfair practice charge filed by Cox against the Montclair Board of Education and the Montclair Education Association. The Commission agrees with the Director that the unfair practice charge is untimely because the allegations in the charge occurred more than six months before its filing. N.J.S.A. 34:13A-5.4(c).
Issue, as PERC stated it: Filing of charge, timeliness of charge; Investigation and complaint; complaint dismissal
It also cites N.J.S.A. 34:13A-5.4(c), 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 MONTCLAIR BOARD OF EDUCATION, Respondent/Public Employer, -and- MONTCLAIR EDUCATION ASSOCIATION, Docket No. CI-2006-036 Respondent/Employee Organization, -and- TAB COX, Charging Party. ¶
SynopsisSYNOPSIS ¶
The Public Employment Relations Commission denies an appeal of D.U.P. No. 2007-9 filed by Tab Cox. In that case, the Director of Unfair Practices refused to issue a Complaint based on the unfair practice charge filed by Cox against the Montclair Board of Education and the Montclair Education Association. The Commission agrees with the Director that the unfair practice charge is untimely because the allegations in the charge occurred more than six months before its filing. N.J.S.A. 34:13A-5.4(c). ¶
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 MONTCLAIR BOARD OF EDUCATION, Respondent/Public Employer, -and- MONTCLAIR EDUCATION ASSOCIATION, Docket No. CI-2006-036 Respondent/Employee Organization, -and- TAB COX, Charging Party. ¶
AppearancesAppearances: ¶
For the Respondent/Public Employer, Genova, Burns & Vernoia, attorneys (Yaacov Brisman, of counsel) ¶
For the Respondent/Employee Organization, Bucceri and Pincus, attorneys (Gregory T. Syrek, of counsel) ¶
For the Charging Party, Tab Cox, pro se ¶
DECISION ¶
Tab Cox has appealed the decision of the Director of Unfair Practices refusing to issue a Complaint based on his unfair practice charge filed against the Montclair Board of Education and the Montclair Education Association. D.U.P No. 2007-9, __ NJPER __ (¶ __ 2007). We agree with the Director that the allegations are untimely and deny the appeal. ¶
N.J.S.A. 34:13A-5.4(c) provides that no complaint shall issue based on any unfair practice occurring more than six months before the filing of an unfair practice charge. The February 23, 2006 charge, as amended, alleges that the Board retaliated against Cox because of a lawsuit filed in 2001 and settled in 2004. However, no act of alleged retaliation by the Board took place within the six months immediately preceding the filing of the charge. Nor are there any timely allegations that the Association did not fairly represent Cox. Even in the appeal, the most recent act of alleged improper representation took place in July 2005, more than six months before the filing of the charge. ¶
OrderORDER ¶
The refusal to issue a Complaint is sustained. ¶
BY ORDER OF THE COMMISSION ¶
Chairman Henderson, Commissioners Buchanan, DiNardo, Fuller and Watkins voted in favor of this decision. None opposed. ¶
ISSUED: March 29, 2007 ¶
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.
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