I.R. No. 2007-12
Synopsis:
A Commission Designee denies an application for interim relief seeking to restrain the Town of Hammonton from implementing the withholding of one week’s pay from UWU unit employees by requiring the Town to return pay withheld in two successive paydays in April 2006. The Town sought the withholding in order to avoid paying employees in advance for time they have not yet worked. The charging party argued that no agreement had been reached on the method or schedule of the proposed withholding. The Town asserted that the parties had reached agreement on the issue, and filed counter-charges against the UWU alleging the Union’s unlawful breach of its’ agreement to the withholding. Because there is a dispute over whether there was an agreement authorizing the withholding, which the Designee found to be a material dispute, she could not conclude that the charging party had a substantial likelihood of success on the merits of the case.
PERC Citation:
I.R. No. 2007-12, 33 NJPER 174 (¶60 2007)
Appellate History:
Additional:
Miscellaneous:
NJPER Index:
43.11 74.373
Issues:
Compensation, wages and salaries; Types of orders, interim relief, likelihood of success
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