P.E.R.C. No. 2011-62, Newark

CaptionSTATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION In the Matter of CITY OF NEWARK, Respondent, -and- Docket Nos. CO-2007-070 CO-2007-071 NEWARK POLICE SUPERIOR OFFICERS’ ASSOCIATION, Charging Party. ¶

SynopsisSYNOPSIS ¶

The Public Employment Relations Commission adopts the initial decision of a an Administrative Law Judge in an unfair practice case that was transferred to the Office of Administrative Law for hearing. The decision finds that the parties’ settlement agreement meets the requirements of N.J.A.C. 1:1-19.1. ¶

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 NEWARK, Respondent, -and- Docket Nos. CO-2007-070 CO-2007-071 NEWARK POLICE SUPERIOR OFFICERS’ ASSOCIATION, Charging Party. ¶

AppearancesAppearances: ¶

For the Respondent, Julien X. Neals, Corporation Counsel (David Gambert, Assistant Corporation Counsel, on the brief) ¶

For the Charging Party, Markowitz & Richman (Matthew D. Areman, of counsel) ¶

DECISION ¶

This case comes to us to issue a final decision after an Administrative Law Judge issued an Initial Decision on January 13, 2011.1/ ¶

On August 31, 2006, the Newark Police Superior Officers Association filed unfair practice charges against the City of Newark. The charges allege that the City violated the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-1 et seq., when it repudiated on side agreements reached with the SOA concerning the terms and conditions of employment of new police scuba and helicopter units. On June 25, 2007, the Director of Unfair Practices consolidated the charges and issued a complaint and Notice of Hearing. On August 16, the SOA filed a motion for summary judgment and on September 29, the City filed a cross motion for summary judgment. On December 20, we issued a decision denying the motion and cross-motion for summary judgment. P.E.R.C. No 2008-34, 33 NJPER 316 (¶120 2007) recon. denied P.E.R.C. No. 2008-53, 34 NJPER 71 (¶29 2008).2/ The case was transferred to the Office of Administrative Law for hearing because a Commission employee may have been a witness at the hearing. During the course of the proceedings before the ALJ, the parties engaged in settlement discussions and ultimately entered into a settlement agreement. Pursuant to the Agreement, the City shall make reasonable efforts to comply with its payment obligations within 60 days. Upon the City’s compliance with the payment requirements, the SOA will withdraw the unfair practice charges. The Initial Decision finds that the Agreement meets the requirements of N.J.A.C. 1:1-19.1. We agree and adopt the Initial Decision. ¶

OrderORDER ¶

The Initial Decision is adopted. ¶

BY ORDER OF THE COMMISSION ¶

Chair Hatfield, Commissioners Bonanni, Colligan, Eaton, Eskilson, Krengel and Voos voted in favor of this decision. None opposed. ¶

ISSUED: February 24, 2011 ¶

Trenton, New Jersey ¶

APPENDIX ¶

City of Newark and Newark Police Superior Officers Association, OAL Dkt. No. PRC 03340- ¶

Note1/ The Initial Decision is attached hereto in the appendix. ¶

2/ A third charge, CO-2007-105, was filed by the SOA and consolidated with CO-2007-070 and CO-2007-071. The SOA in CO-2007-105 alleged that the City refused to recognize a grievance settlement regarding vacation time for superior officers. The SOA’s motion for summary judgment was granted on that charge. ¶