P.E.R.C. No. 2015-2, Camden

CaptionSTATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION AND CIVIL SERVICE COMMISSION In the Matter of OAL Dkt No. CSV 7220-13 PENNY GRACIA et al., CSC Docket Nos. CAMDEN CITY POLICE 2013-2016, 2013-2017, 2013-2018 DEPARTMENT, 2013-2019, 2013-2020, 2013-2021 2013-2022, 2013-2023, 2013-2024 2013-2025, 2013-2026, 2013-2027 2013-2028, 2013-2029, 2013-2030 2013-2031, 2013-2032, 2013-2033 2013-2034, 2013-2035, 2013-2036 2013-2037, 2013-2038, 2013-2039 2013-2040, 2013-2041, 2013-2042 2013-2043, 2013-2044, 2013-2045 2013-2046, 2013-2047, 2013-2048 2013-2049, 2013-2050, 2013-2051 2013-2052, 2013-2053, 2013-2054 2013-2055, 2013-2056 --------------------------- FOP LODGE 1, PERC Docket Nos. CO-2013-094 Charging Party, CO-2014-106 (CONSOLIDATED) -and- CITY OF CAMDEN AND COUNTY OF CAMDEN, Respondent. ¶

SynopsisSYNOPSIS ¶

The Chair of the Public Employment Relations Commission and the Civil Service Commission issue a Joint Order consolidating for hearing before an Administrative Law Judge Civil Service layoff appeals filed by former City of Camden Police Officers and two unfair practices cases filed by FOP Lodge 1. The Chair and Commission further find that PERC shall have the predominant interest. ¶

CaptionSTATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION AND CIVIL SERVICE COMMISSION In the Matter of OAL Dkt No. CSV 7220-13 PENNY GRACIA et al., CSC Docket Nos. CAMDEN CITY POLICE 2013-2016, 2013-2017, 2013-2018 DEPARTMENT, 2013-2019, 2013-2020, 2013-2021 2013-2022, 2013-2023, 2013-2024 2013-2025, 2013-2026, 2013-2027 2013-2028, 2013-2029, 2013-2030 2013-2031, 2013-2032, 2013-2033 2013-2034, 2013-2035, 2013-2036 2013-2037, 2013-2038, 2013-2039 2013-2040, 2013-2041, 2013-2042 2013-2043, 2013-2044, 2013-2045 2013-2046, 2013-2047, 2013-2048 2013-2049, 2013-2050, 2013-2051 2013-2052, 2013-2053, 2013-2054 2013-2055, 2013-2056 --------------------------- FOP LODGE 1, PERC Docket Nos. CO-2013-094 Charging Party, CO-2014-106 (CONSOLIDATED) -and- CITY OF CAMDEN AND COUNTY OF CAMDEN, Respondent. ¶

AppearancesAppearances: ¶

For the Appellants/Charging Party, Caplan, Valenti & Murray, attorneys (Anthony Valenti, of counsel) ¶

For the Respondent City of Camden Police Department, Jason Ascuncion, Assistant City Attorney ¶

For the Respondent City of Camden, Brown and Connery, attorneys (Michael J. DiPiero, of counsel) ¶

For the Respondent County of Camden, Office of the Camden County Counsel (Sherri L. Schweitzer, County Counsel; Howard L. Goldberg, First Assistant County Counsel) ¶

DECISION ¶

William Armstrong, Robert Babnew, Raul Beltran, Anthony Benson, Angel Camacho, Cheryl Campbell, Robert Chew, Mitzi Collins, Lawrence Cox, Melba Gracia, Penny Gracia, Steven Harlow, Jr., Michael Hendricks, Mark Hoopes, Erayna Hoskins, Keith James, Darryl Lofland, Madrid Matthews, Michael Mc Causland, Tyrone Mc Eady, Thomas Plotts, John Polcyn, Brian, Razzi, Isidoro Reyes, David Richman, Jospeh Rivera, Ella Roberts, Carmen Ruiz, Luis Ruiz, Luis Sanchez, Mark Saunders, Vincent Saunders, Bernardo Segarra, Orlando Segarra, Mashea Snyder, Jose Torres, Daniel Vause, Jr., Terrell Watkins, Craig Williams, Sr., Kathy Wilson, and Charles Zeigler, Jr. filed appeals of their layoff from the City of Camden Police Department with the Civil Service Commission (CSC). FOP Lodge 1 filed two unfair practice charges against the City of Camden and the City and County of Camden, respectively, with the Public Employment Relations Commission (PERC). ¶

The first PERC charge alleges the City violated the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-5.4a(1), (3) and (5)1/ when it failed and/or refused to respond to the FOP’s request to negotiate over matters associated with the City’s plan to abolish its police force and its request for information related to the plan. The second charge, as amended, alleges the City and County violated section 5.4a(1), (2), (3), and (5) of the Act by imposing restrictions on applications from former City police officers to limit the number of FOP members hired by the new County force in an effort for the County to avoid the City’s obligations under the FOP’s CNA and union representation. The charge further alleges all Camden City police officers were laid off the day prior to the creation of the County force to avoid unions members’ rights. ¶

The CSC layoff appeals were forwarded to the Office of Administrative Law where they were consolidated for hearing. The Director of Unfair Practices consolidate the PERC charges and issued a single complaint on March 14, 2014. The Appellants filed a motion to consolidate the Civil Service appeals with the PERC charges and for a predominant interest determination. The City and County opposed the motion. ¶

On July 8, 2014, Administrative Law Judge Joseph Lavery (ALJ)issued a decision and order consolidating the CSC and PERC cases before the OAL and determining that the CSC should have the predominant interest. ¶

Having independently evaluated the record and considering the ALJ’s Order, the CSC at its meeting on August 13, 2014 and the Chair of PERC, acting pursuant to the authority delegated to her by the full Commission, on August 1, 2014, determined that the cases should be consolidated consistent with both Commissions’ approach in similar cases. PERC’s unfair practice jurisdiction is exclusive. PERC shall have the predominant interest and the case should be processed in accordance with the following: ¶

JOINT ORDER ¶

The Civil Service layoff appeals and the Public Employment Relations Commission unfair practice complaint are consolidated for hearing before the Administrative Law Judge. The ALJ will first offer recommended findings of fact and conclusions of law to both PERC and the CSC disposing of all issues in controversy through a single initial decision under N.J.A.C. 1:1-17.8(a); and ¶

Upon transmittal of the initial decision to both agencies, the underlying record will be forwarded to PERC to determine whether the City of Camden and County of Camden committed an unfair practice under the New Jersey Employer-Employee Relations Act; and ¶

PERC’s decision and the complete record will then be sent to the CSC which will then determine whether the layoff was for legitimate business reasons and was otherwise warranted under Civil Service laws; and ¶

If appropriate, the matter will be returned to PERC for its consideration of whether specialized relief is warranted under its Act. ¶

DECISION RENDERED BY THE DECISION RENDERED BY THE CHAIR ¶

CIVIL SERVICE COMMISSION OF THE PUBLIC EMPLOYMENT ¶

ON August 13, 2014 RELATIONS COMMISSION ON ¶

August 1, 2014 ¶

Robert M. Czech, Chairperson P. Kelly Hatfield, Chair ¶

Civil Service Commission Public Employment Relations ¶

Commission ¶

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. (2) Dominating or interfering with the formation, existence or administration of any employee organization. (3) Discriminating in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage 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.” ¶