D.U.P. No. 2011-13
Synopsis:
The Director of Unfair Practices dismisses an unfair practice charge filed by Edward Levi-DeRosa. The charge alleges that the University violated 5.4a(1), (3), (4), and (5) of the New Jersey Employer-Employee Relations Act when it terminated his employment on March 26, 2010. The charge further alleges that on June 30, 2010, he was denied a promotion and merit increase allegedly in retaliation for becoming a member of the Rutgers Council of AAUP Chapters, AFT, AFL-CIO Executive Board in the spring of 2009 and partaking in recruitment efforts.
The Director found Levi-DeRosa's charge to be untimely because it was filed on November 17, 2010, more than six months after he was terminated on March 26, 2010. The Director rejected Levi-DeRosa's assertion that he was prevented from filing the charge until June 30, 2010 because the University threatened that if he complained about mistreatment by the Educational Testing Service again he would be immediately terminated. The Director found that since Levi-DeRosa was terminated on March 26, 2010, he could not have been concerned about the threat of termination after that date.
PERC Citation:
D.U.P. No. 2011-13, 38 NJPER 98 (¶23 2011)
Appellate History:
Additional:
Miscellaneous:
NJPER Index:
15.1221 71.13 71.227 72.135
Issues:
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