A.B.D. No. 92-3	DRAFT

STATE OF NEW JERSEY

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION APPEAL BOARD

DKT. No. AB-91-l

OAL DKT. NO. PRB 8527-90

JOSEPH C. BATTITO,

Petitioner,

v.

COMMUNICATIONS WORKERS

OF AMERICA, LOCAL 1037

Respondent.

Petitioner pro se, Joseph C. Battito,

For respondent, Michael T. Leibig, Esq. (Zwerdling, Paul, Leibig, Kahn, Thompson & Driesen, attorneys)

DECISION AND ORDER

On August 8, 1990, Joseph C. Battito filed a petition of appeal with the Public Employment Relations Commission Appeal Board ("Appeal Board"). The petitioner is employed by the State of New Jersey and is represented in collective negotiations by, but is not a member of, respondent, Communications Workers of America, AFL-CIO and its affiliate, Local 1037 ("Local 1037"). He pays a representation fee in lieu of dues which is shared by CWA and Local 1037. The petition seeks review of representation fees paid to the CWA and its affiliated locals. An Answer to the petition was filed by the CWA. On October 16, 1990, this matter was transferred to the Office of Administrative Law as a contested case and was assigned to Administrative Law Judge Joseph F. Fidler. CWA and the petitioner have entered into a settlement. On September 18, 1991, Judge Fidler

issued an "Initial Decision-Settlement." He reviewed the terms of the settlement and concluded that it was entered into voluntarily and disposed of all issues in dispute. He approved the settlement and ordered that all parties comply with its terms. Pursuant to N.J.S.A. 52:14B-10, the matter is now before the Appeal Board to affirm, reverse, remand or modify Judge Fidler's order.

We have reviewed the settlement and Judge Fidler's order (attached hereto), pursuant to N.J.S.A. 52:14B-10, and conclude that his action is correct.

ORDER

The Initial Decision-Settlement of Judge Fidler is hereby affirmed.

BY ORDER OF THE APPEAL BOARD

WILLIAM L. NOTO

Chairman

Chairman Noto and Board Members Dorf and Verhage voted in favor of this decision.

DATED: TRENTON, NEW JERSEY

October 22, l991

ISSUED;	October 25, l99l