H.E. No. 85-16

Synopsis:

The Charging Party filed a Motion for Reconsideration of a Hearing Examiner's Recommended Report and Decision. The Respondent opposed the Motion on procedural grounds claiming that a Hearing Examiner had no jurisdiction to hear a Motion for Reconsideration. The Public Employment Relations Commission ("PERC") upon consideration of the Respondent's application, remanded this matter for reconsideration to the Hearing Examiner on its own motion.

The Hearing Examiner granted the Motion for Reconsideration and modified the recommended order. The original Report and Recommended Decision found certain secretaries employed by the Spotswood Board of Education ("Board") were denied time off on the day before Thanksgiving recess. The motion argues that it should have been found that the secretaries were also unlawfully deprived of one-half day leave time on the day before the Christmas vacation. Although the Charging Party in its arguments did not discuss the leave time on the day before Christmas, there was credible testimony in the record stating that secretaries were entitled to such leave and, further, there was credible evidence that secretaries were entitled to the same under the contract. Accordingly, the Motion for Reconsideration was granted, the Recommended Order to the Commission was so amended.

PERC Citation:

H.E. No. 85-16, 10 NJPER 610 (¶15286 1984)

Appellate History:

Additional:

Miscellaneous:

NJPER Index:

43.151 72.652 72.664

Issues:

Decisions	WordPerfect	PDF
NJ PERC:	.	- HE 85-016.pdf
Appellate Division:
Supreme Court:

H.E. NO. 85-16 1. H.E. NO. 85-16 1. NOTICE TO EMPLOYEES PURSUANT TO AN ORDER OF THE PUBLIC EMPLOYMENT RELATIONS COMMISSION AND IN ORDER TO EFFECTUATE THE POLICIES OF THE NEW JERSEY EMPLOYER-EMPLOYEE RELATIONS ACT, AS AMENDED, We hereby notify our employees that: H.E. NO. 85-16 STATE OF NEW JERSEY BEFORE A HEARING EXAMINER OF THE PUBLIC EMPLOYMENT RELATIONS COMMISSION In the Matter of SPOTSWOOD BOARD OF EDUCATION, Respondent, -and- Docket No. CO-82-262-138 SPOTSWOOD OFFICE PERSONNEL ASSOCIATION, Charging Party. Appearances: For the Respondent Golden, Shore, Zahn & Richmond (Philip H. Shore, of Counsel) For the Charging Party Klausner & Hunter (Stephen E. Klausner, of Counsel) HEARING EXAMINER = S RECOMMENDED DECISION ON MOTION FOR RECONSIDERATION On May 30, 1984, I issued a Hearing Examiner = s Recommended Report and Decision in this matter and on June 4, 1984, Stephen E. Klausner, Attorney for the Charging Party filed the instant Motion to Reconsider. Although Philip H. Shore, the Attorney for the Spotswood Board of Education ( A Board @ ) opposed said application, the Public Employment Relations Commission ( A Commission @ ) has remanded this matter for my consideration of the Motion to Reconsider. In the initial decision, it was recommended that the Commission find the Board committed an unfair practice when, in 1981, it ordered certain secretaries to work a full day on the day before Thanksgiving. It is the contention of the Association that a similar finding should have been made for the Board = s conduct in requiring these same secretaries to work a full day on the day before Christmas recess in that same year. The testimony of Joan Adelung (T.Pg.41) was that the secretaries in question were required to work a full day on the day before Christmas recess (as well as the day before Thanksgiving) but the Association never agreed to this change in the calendar. Miss Adelung = s testimony was credible1/ and uncontradicted. I so find that both 10 and 12 month secretaries were required to work a full day on the day before Christmas recess in 1981. There was no testimony concerning whether or not the day before Christmas recess was scheduled to be a half-day. However, the 1981-1982 school calendar for the Spotswood Public Schools (CP-4 in evidence) provides that Wednesday, December 23 is a A Four-Hour Session, Grades K-12. @ Accordingly, I find that the day before Christmas recess was scheduled to be a half-day. For the reasons expressed in the original Hearing Examiner = s Recommended Report and Decision, I find that the Board = s refusal to release the secretaries on the day before Christmas recess after the four-hour session as reflected in the school calendar, constitutes a violation of Subsection 5.4a-5 and derivatively, Subsection 5.4a-1. I therefore recommend that the Recommended Order and accompanying Notice be amended as follows: RECOMMENDED ORDER Accordingly, it is hereby recommended that the Commission issue the following ORDER: A. That the respondent Board cease and desist from: 1. Interfering with, restraining or coercing its employees in the exercise of the rights guaranteed to them by the Act, particularly by attempting to alter the provisions of the current agreement as to the calendar to be worked by both 10 and 12 month secretaries. 2. Unilaterally making changes or modifications in the collective negotiations agreement unless and until agreed upon by the Association. B. That the respondent Board take the following affirmative action: 1. Reimburse all 10 and 12 month secretaries in the district who worked a full day on both November 26 and December 22, 1981, for the total additional 5 hours of work, 2 1/2 hours per day, in violation of the contract. This compensation will be based on the hourly equivalent of their respective salaries on that date, together with interest at the rate of 12% per annum since that date. 2. Post in all places where notices to employees are customarily posted, copies of the attached notice marked as Appendix A A. @ Copies of such notice, on forms to be provided by the Commission, shall be posted immediately upon receipt thereof and, after being signed by the Respondent = s authorized representative, shall be taken by the Respondent Board to insure that such notices are not altered, defaced or covered by other materials. 3. Notify the Chairman of the Commission within twenty (20) days of receipt what steps the Respondent Board has taken to comply herewith. /s/Edmund G. Gerber Chief Hearing Examiner DATED: October 12, 1984 Trenton, New Jersey WE WILL NOT interfere with, restrain or coerce our employees in the exercise of the rights guaranteed to them by the Act, particularly by attempting to alter the provisions of the current agreement as to the calendar to be worked by both 10 and 12 month secretaries. WE WILL NOT unilaterally make changes or modifications in the collective negotiations agreement unless and until agreed upon by the Association. WE WILL reimburse all 10 and 12 month secretaries in the district who worked full days on November 26, 1981 and December 22, 1981 fo the additional 5 hours they had to work at 2 1/2 hours a day in violation of the contract. This compensation will be based on the hourly equivalent of their respective salaries on that date, together with interest at the rate of 12% per annum since that date. 1/ Her testimony was candid. She admitted to facts which were adverse to her position at the hearing. Docket No. Spotswood Board of Education (Public Employer) Date: By: This Notice must remain posted for 60 consecutive days from the date of posting, and must not be altered, defaced or covered by any other material. If employees have any question concerning this Notice or compliance with its provisions, they may communicate directly with the Public Employment Relations Commission, 495 West State Street, PO Box 429, Trenton, NJ 08625-0429 (609) 984-7372 APPENDIX A A @ ***** End of HE 85-16 *****