H.E. NO. 78-25

STATE OF NEW JERSEY

BEFORE A HEARING EXAMINER OF THE

PUBLIC EMPLOYMENT RELATIONS COMMISSION

In the Matter of

UNION COUNTY BOARD OF FREEHOLDERS,

Respondent,

-and-	Docket No. CO-77-237-127

UNION COUNCIL NO. 8, N.J. CIVIL

SERVICE ASSOCIATION,

Charging Party.

Appearances:

For the Union County Board of Freeholders

Weinberg, Manoff and Dietz, Esqs.

(Irwin Weinberg, Esq.)

For the Union Council No. 8, N.J. Civil Service Assn.

Fox and Fox, Esqs.

(David I. Fox, Esq.)

HEARING EXAMINER'S RECOMMENDED

REPORT AND DECISION

An Unfair Practice Charge was filed with the Public Employment Relations Commission (hereinafter the "Commission") on February 28, 1977 by the Union Council No. 8, N.J. Civil Service Association (hereinafter the "Association") alleging that the Union County Board of Freeholders (hereinafter the "County") has engaged in unfair practices within the meaning of the New Jersey Employer-Employee Relations Act, as amended, N.J.S.A. 34:13A-1 et seq. (hereinafter the "Act"), in that the County had failed to pay holiday rates for all employees who worked either on Friday, February 11 or Saturday, February 12, 1977, Lincoln's Birthday, all of which was in accordance with past practice under previous agreements, which is alleged to be a violation of N.J.S.A. 34:13A-5.4(a)(1), (3), (4), (5), (6) and (7).1/

It appearing that the allegations of the charge, if true, may constitute unfair practices within the meaning of the Act, a Complaint and Notice of Hearing was issued on May 25, 1977.

Pursuant to the Complaint and Notice of Hearing, a pre-
hearing was held in Newark, New Jersey on July 5, 1977, at which time the parties requested that the hearing scheduled for July 12, 1977 be adjourned without date since the parties were in negotiations for a successor agreement and each held out the possibility, if not the probability, that the substance of the unfair labor practice charge would be settled.

Thereafter, the Hearing Examiner kept in touch with the parties by their counsel and the Hearing Examiner was informed that negotiations were continuing as of August and September 1977.

In order to expedite the resolution of the matter the Hearing Examiner fixed September 16, 1977 as the date for hearing. Upon request of the parties, this date was adjourned without hearing date pending further negotiations for a successor agreement.

Early in November 1977, the Hearing Examiner was informed by counsel for the Association that the successor collective negotiations agreement had been settled and that a withdrawal would be forthcoming. The Hearing Examiner forwarded to counsel for the Association a withdrawal request and has since that date repeatedly sought and solicited the withdrawal request form.

However, in view of the fact that counsel for the Association has refused and neglected to submit a withdrawal request, the Hearing Examiner is of the opinion, and concludes, that there should be final disposition of this matter. Accordingly, the Hearing Examiner recommends that the instant charge of unfair practices by the Association be dismissed for want of prosecution.

RECOMMENDED ORDER

In view of the failure and refusal of the Association to proceed to hearing or withdraw the instant charges of unfair practices, the Hearing Examiner ORDERS that the instant charges of unfair practices be dismissed for want of prosecution,

/s/Alan R. Howe

Hearing Examiner

DATED:	February 3, 1978

Trenton, New Jersey