D.U.P. No. 2012-12
Synopsis:
The Director of Unfair Practices dismisses an unfair practice charge filed by IBT Local 11 against the Township of South Hackensack. The charge alleges that the Township violated 5.4a(1), (3) and (5) of the Act when it discharged former Township employee Joseph Maglio because of his membership in and activities on behalf of Local 11 and failed to pay him for his accrued paid time-off. The charge also alleges that the Township repudiated the parties’ collective negotiations agreement, “. . . with regard to discipline and discharge,” and unilaterally implemented a new policy about payment for accrued paid time off at separation of employment. The charge further alleges that the Township’s discharge of Maglio has intimidated employees in the exercise of their protected rights.
The Director found that the 5.4a(3) allegation was not pled with the specificity required by N.J.A.C. 19:14-1.3(a)(3). With regard to the 5.4a(5) allegation, the Director found that Local 11 did not cite any contractual provision that the Township allegedly repudiated. The Director also found that Local 11 provided no facts about the Township’s policy regarding payment for accrued paid time-off at separation of employment or its application before or after the alleged unilateral change.
PERC Citation:
D.U.P. No. 2012-12, 39 NJPER 42 (¶15 2012)
Appellate History:
Additional:
Miscellaneous:
NJPER Index:
15.66, 71.227, 73.324, 72.334, 72.351, 72.366, 72.652
Issues:
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