H.E. NO. 95-18

STATE OF NEW JERSEY

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

In the Matter of

EVESHAM TOWNSHIP BOARD OF EDUCATION,

Respondent,

-and-	Docket No. CO-95-30

EVESHAM TOWNSHIP EDUCATION ASSOCIATION,

Charging Party.

Appearances:

For the Respondent,

Capehart & Scatchard, attorneys

(Alan R. Schmoll, of counsel)

For the Charging Party,

Selikoff & Cohen, attorneys

(Steven R. Cohen, of counsel)

HEARING EXAMINER'S REPORT

AND RECOMMENDED DECISION

On October 5, 1994, the Evesham Township Education Association filed an unfair practice charge with the Public Employment Relations Commission alleging that the Evesham Township Board of Education engaged in unfair practices within the meaning of N.J.S.A. 34:13A-5.4(a)(1), (5) and (7).1/ The Association alleges

1/	These subsections prohibit public employers, their representatives or agents from: "(1) Interfering with, restraining or coercing employees in the exercise of the rights guaranteed to them by this act. (5) Refusing to negotiate in good faith with a majority representative of employees in an appropriate unit concerning terms and conditions of employment of employees in that unit, or refusing to process grievances presented by the majority representative. (7) Violating any of the rules and regulations established by the commission."

that during negotiations for a successor agreement to the recently expired 1992-1994 agreement, the Board unilaterally changed terms and conditions of employment by refusing to advance unit members to the next step of the 1993-1994 salary guide as of July 1, 1994.

The Association filed an application for interim relief. The application was granted (I.R. No. 95-10, 21 NJPER 3 (¶26001 1995) and the Board was ordered to pay salary increments. The Board has complied with the order and paid the salary increment.

It is apparent that this dispute is resolved and the charge is moot. The Commission will not exercise its judgment in moot disputes. Delran Tp. B/E, P.E.R.C. No. 95-17, 20 NJPER 379 (¶25191 1994); Rutgers University, P.E.R.C. No. 88-1, 13 NJPER 631 (¶18235 1985) aff'd App. Div. Dkt No. A-174-87T7 (11/23/88); Matawan Aberdeen Reg. Schl. Dist., P.E.R.C. No. 88-52, 14 NJPER 57 (¶19019 1987).

Accordingly, I recommend the Commission find the matter moot and dismiss the unfair practice charge.

Edmund G. Gerber

Hearing Examiner

Dated: February 16, 1995

Trenton, New Jersey