A.B.D. No. 90-13

STATE OF NEW JERSEY

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION APPEAL BOARD

OAL DKT #PRB-4102-89

AGENCY DKT #AB-89-6

WILBERT NICHOLS,

Petitioner,

v.

COMMUNICATIONS WORKERS

OF AMERICA,

Respondent.

Wilbert Nichols, petitioner pro se

For respondent, Michael T. Leibig, Esq. (Zwerdling, Paul, Leibig, Kahn, Thompson & Driesen, attorneys) and Steven P. Weissman, Esq., Communications Workers of America, AFL-CIO District 1

DECISION AND ORDER

On January 23, 1989, Wilbert Nichols 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 1038 ("Local 1038"). He pays a representation fee in lieu of dues which is shared by CWA and Local 1038. 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 June 2, 1989, this matter was transferred to the Office of Administrative Law as a contested case and was assigned to Administrative Law Judge Robert W. Scott. CWA and the petitioner have entered into a settlement. On January 29, 1990, Judge Scott 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 Scott's order.

We have reviewed the settlement and Judge Scott'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 Scott 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

March l6, l990