D.U.P. NO. 91-24 1.
D.U.P. NO. 91-24
STATE OF NEW JERSEY
PUBLIC EMPLOYMENT RELATIONS COMMISSION
BEFORE THE DIRECTOR OF UNFAIR PRACTICES
In the Matter of
IFPTE, LOCAL 195 and
SALEM CITY BOARD OF EDUCATION,
Respondents,
-and- Docket Nos. CI-89-12,
CI-89-13 & CI-89-14
KATHY CRAWFORD AND JIMMY WATSON,
Charging Parties.
Appearances:
For the Respondent, Salem City Board of Education
Barbour & Costa, attorneys
(John T. Barbour, of counsel)
For the Respondent, IFPTE Local 195
Donald R. Philippi
For the Charging Parties,
Kathy E. Crawford, pro se
REFUSAL TO ISSUE COMPLAINT
In July 1988, Kathy Crawford and Jimmy Watson filed a series of unfair practice charges against the Salem City Board of Education and IFPTE, Local 195. Their claims center around the Board's elimination of their positions as security guards and the Union's refusal to appeal the Board's denial of a grievance brought on their behalf. Crawford's charges, if true, would not constitute an unfair practice.
The Board's elimination of a position in this case, security guard, is a managerial prerogative. It is therefore not
negotiable and not arbitrable. Hunterdon County , P.E.R.C. No. 81-114, 7 NJPER 230 ( & 12100 1981).
The Association had the obligation to fairly represent them. However, a violation of that duty occurs only when a union's conduct toward a member of the collective negotiations unit is arbitrary, capricious or in bad faith. Saginario v. Attorney General, 87 N.J . 240 (1981). Here it was not unreasonable for the union to decline to further process a grievance which was not arbitrable. Accordingly, the charges are dismissed in their entirety.
Based upon the foregoing, the Commission's complaint issuance standard has not been met and no complaint will issue on the allegations of these charges.
BY ORDER OF THE DIRECTOR
OF UNFAIR PRACTICES
Edmund G. Gerber, Director
DATED: April 10, 1991
Trenton, New Jersey ***** End of DUP 91-24 ***** |