D.U.P. No. 2012-4
Synopsis:
The Director of Unfair Practices dismisses an unfair practice charge filed by the Trenton Superior Officers Association and PBA Local 11 against the City of Trenton. The charge alleges that the City violated 5.4a(1) and (5) of the Act when it ceased permitting employees in both units from driving police cars to and from their homes.
The Commission has held that the decision to allow employees to use employer-owned vehicles for commuting purposes is a managerial prerogative, but an employer is required to negotiate over offsetting compensation for the economic loss suffered by its employees. The Director dismissed the instant charge because the charging parties did not allege that they requested negotiations over offsetting compensation, and absent such requests, the City could not have refused to negotiate in good faith. The filing of an unfair practice charge is not a request to negotiate. Monroe Tp. Bd. Ed., P.E.R.C. No. 85-35, 10 NJPER 569 (¶15265 1984), aff'g H.E. No. 84-66, 10 NJPER 400 (¶15186 1984).
PERC Citation:
D.U.P. No. 2012-4, 38 NJPER 178 (¶56 2011)
Appellate History:
Additional:
Miscellaneous:
NJPER Index:
43.481 43.641 72.611 72.614 72.617
Issues:
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