D.U.P. NO. 80-28

STATE OF NEW JERSEY

PUBLIC EMPLOYMENT RELATIONS COMMISSION

BEFORE THE DIRECTOR OF REPRESENTATION

In the Matter of

BAYSHORE REGIONAL SEWERAGE

AUTHORITY,

Respondent,

-and-	Docket No. CI-80-30

JOHN P. MANOES,

Charging Party.

REFUSAL TO ISSUE COMPLAINT

An Unfair Practice Charge was filed with the Public Employment Relations Commission (the "Commission") on March 4, 1980, by John P. Manoes (the "Charging Party") against the Bayshore Regional Sewerage Authority (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").

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.1/ 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.2/ The Commission's rules provide that the undersigned may decline to issue a complaint.3/

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

The Commission's rules state that an unfair practice charge shall contain inter alia:

A clear and concise statement of the facts constituting the alleged unfair practice, including, where known, the time and place of occurrence of the particular acts alleged and the names of respondent's agents or other representatives by whom committed and a statement of the portion or portions of the Act alleged to have been violated. (Emphasis added)4/

Accordingly, it is incumbent upon the Charging Party to allege the specific portion(s) of N.J.S.A. 34:13A-5.4(a) and/or (b), which form the basis of the alleged statutory violation. The undersigned has determined that in the absence of such allegations, a complaint may not issue.5/

Subsequent to the filing of the Unfair Practice Charge, by letter dated March 7, 1980, the undersigned informed the Charging Party that the Charge could not be processed further unless it was amended, pursuant to N.J.A.C. 19:14-1.5, to include the portion(s) of the act alleged to have been violated. The undersigned has not received a reply to the March 7, 1980 letter, nor has the Charge been amended, as requested.

Accordingly, as the Charge does not contain specific portions of the Act alleged to have been violated by the Respondent, the undersigned declines to issue a complaint.

BY ORDER OF THE DIRECTOR

OF UNFAIR PRACTICES

/s/Carl Kurtzman, Director

DATED:	May 20, 1980

Trenton, New Jersey