H.E. No. 2014-5
Synopsis:
A complaint and notice of hearing was issued regarding N.J.S.A. 34:13A-5.4(a)(1). In a motion for summary judgment filed prior to the hearing, the Town of Westfield contends that the charging party’s response to an interrogatory contains all of the material facts needed to resolve the dispute. The charging party opposes the motion contending that the interrogatory response did not contain all of the facts known to the party and there thus exist genuine issues of material facts. A violation of N.J.S.A. 34:13A-5.4(a)(1) requires an examination of the totality of the circumstances. See, State of NJ, P.E.R.C. 2012-024, 38 NJPER 205, 206 (¶70 2011); State of NJ (Dept. of Human Services), P.E.R.C. No 82-83, 8 NJPER 209, 215 (¶13088 1982). Under this standard, the hearing examiner is required to examine all of the parties’ conduct which has not yet been presented through witness testimony or other proofs. The motion for summary judgment must be denied.
PERC Citation:
H.E. No. 2014-5, 40 NJPER 392 (¶135 2013)
Appellate History:
Additional:
Miscellaneous:
NJPER Index:
71.42 71.53 71.113 83.3
Issues:
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