P.E.R.C. No. 2014-29, Somerset Hills B/E

CaptionSTATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION AND COMMISSIONER OF EDUCATION In the Matter of SOMERSET HILLS BOARD OF EDUCATION, Respondent, OAL Docket No. EDU 16752-12 AGENCY Docket No. 345/11/1s -and- PERC Docket No. CO-2013-101 SOMERSET HILLS EDUCATION ASSOCIATION, Charging Party. ¶

SynopsisSYNOPSIS ¶

The Chair of the Public Employment Relations Commission and the Commissioner of Education issue a Joint Order consolidating an unfair practice charge before PERC and a petition of appeal before the Commissioner for hearing before an Administrative Law Judge. The Chair and Commissioner further hold that PERC has the predominant interest. ¶

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 AND COMMISSIONER OF EDUCATION In the Matter of SOMERSET HILLS BOARD OF EDUCATION, Respondent, OAL Docket No. EDU 16752-12 AGENCY Docket No. 345/11/1s -and- PERC Docket No. CO-2013-101 SOMERSET HILLS EDUCATION ASSOCIATION, Charging Party. ¶

AppearancesAppearances: ¶

For the Respondent, Methfessel & Werbel, attorneys (Eric Harrison, of counsel) ¶

For the Charging Party, Oxfeld Cohen, LLC (Sanford R. Oxfeld, of counsel) ¶

DECISION ¶

On October 19, 2012, the Somerset Hills Education Association filed an unfair practice charge with the Public Employment Relations Commission alleging the Board violated the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A- 5.4a(1) and (5)1/ when the Board refused to negotiate over unilateral changes to a dress and grooming policy for the 2012- 2013 school year. On May 15, 2013, the Director of Unfair Practices issued a Complaint finding that the allegations in the charge, if true, may constitute unfair practices. ¶

On November 16, 2012, the Association also filed a Petition of Appeal with the Commissioner of Education alleging the dress code is not in conformity with the school laws, is illegal, and ultra vires. The petition was transferred to the Office of Administrative Law (OAL)for hearing as a contested case. ¶

On September 18, 2013, the Association filed a motion with the OAL to consolidate the PERC and Commissioner of Education cases and for a predominant interest determination. The parties have stipulated that consolidation is appropriate, but disagree as to which agency has the predominant interest. ¶

On October 29, 2013, Administrative Law Judge Jeff S. Masin issued an Order For Consolidation and Determination of Predominant Interest finding that the matters should be consolidated and that PERC has the predominant interest. ¶

Having independently evaluated the record and considered the Administrative Law Judge’s Order, the Chair of the Public Employment Relations Commission on November 15, 2013, acting pursuant to authority delegated to her by the full Commission and the Commissioner of Education on November 13, 2013, made the following determination in this matter: ¶

JOINT ORDER ¶

The matters should be consolidated for hearing before the Administrative Law Judge. The Administrative Law Judge will first offer recommended findings of fact and conclusions of law to both the Public Employment Relations Commission and the Commissioner of Education, disposing of all issues in controversy through a single initial decision under N.J.A.C. 1:1-18.3 and consistent with N.J.A.C. 1:1-17.8(a). Upon transmittal of the initial decision to both agencies, the underlying record will be forwarded to PERC to determine whether the Board was required to negotiate with the Association prior to implementing the new dress code policy; ¶

PERC’s decision and the complete record will then be transferred to the Commissioner of Education who will then decide any remaining education law issues. ¶

DECISION RENDERED BY THE COMMISSIONER OF EDUCATION ON ¶

November 13, 2013 ¶

Christopher D. Cerf ¶

Commissioner ¶

Trenton, New Jersey ¶

DECISION RENDERED BY THE CHAIR OF THE PUBLIC EMPLOYMENT RELATIONS COMMISSION ON ¶

November 15, 2013 ¶

P. Kelly Hatfield ¶

Chair ¶

Trenton, New Jersey ¶

Note1/ These provisions prohibit public employers, their representatives or agents from: “(1) Interfering with, restraining or coercing employees in the exercise of the rights guaranteed to them by this act. ...[and](5) Refusing to negotiate in good faith with a majority representative of employees in an appropriate unit concerning terms and conditions of employment of employees in that unit, or refusing to process grievances presented by the majority representative.” ¶