D.U.P. NO. 82-4

STATE OF NEW JERSEY

PUBLIC EMPLOYMENT RELATIONS COMMISSION

BEFORE THE DIRECTOR OF REPRESENTATION

In the Matter of

NEW JERSEY JOB CORPS CENTER,

Respondent,

-and-	Docket No. CI-81-70

GARRY JOHNSON,

Charging Party.

REFUSAL TO ISSUE COMPLAINT

An Unfair Practice Charge was filed with the Public Employment Relations Commission (the "Commission") on March 11, 1981, by Garry Johnson (the "Charging Party") against the New Jersey Job Corps Center (the "Respondent") alleging that the Respondent was engaging in unfair practices within the meaning of the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-1 et seq., (the "Act"), specifically N.J.S.A. 34:13A-5.4(a)(1) and (5).1/

N.J.S.A. 34:13A-5.4(c) sets forth in pertinent part that the Commission shall have the power to prevent anyone from engaging in any unfair practice, and that it has the authority to issue a complaint stating the unfair practice charge.2/ The Commission has delegated its authority to issue complaints to the undersigned and has established a standard upon which an unfair practice complaint may be issued. This standard provides that a complaint shall issue if it appears that the allegations of the charging party, if true, may constitute an unfair practice within the meaning of the Act.3/ The Commission's rules provide that the undersigned may decline to issue a complaint.4/

For the reasons stated below, the undersigned has determined that the Commission's complaint issuance standards have not been met.

The Charging Party seeks review of a disciplinary action by the Center which has led to his suspension and eventual discharge. He claims that this action is, pursuant to N.J.S.A. 34:13A-5.4(a)(3), discrimination in regard to his tenure of employment. However, under subsection (a)(3) violation arises only where such conduct is for the purpose of encouraging or discouraging employees in the exercise of rights guaranteed to them by the Act. The Charging Party does not claim that he was engaged in activities on behalf of a union and was discriminated against for this reason. Accordingly, neither §a(3), or §a(1) derivatively, is implicated in this charge.

Accordingly, the undersigned declines to issue a complaint herein.

BY ORDER OF THE DIRECTOR

OF UNFAIR PRACTICES

/s/Carl Kurtzman, Director

DATED:	July 13, 1981

Trenton, New Jersey