I.R. NO.89-7 1.
I.R. NO. 89-7
STATE OF NEW JERSEY
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
In the Matter of
STATE OF NEW JERSEY, DEPARTMENT
OF VETERANS AFFAIRS & DEFENSE
(MENLO PARK SOLDIERS HOME),
-and- Docket No. CO-H-88-159
AMERICAN FEDERATION OF STATE,
COUNTY & MUNICIPAL EMPLOYEES,
For the Charging Party, Szaferman, Lakind, Blumstein, Watter & Blader (Sidney H. Lehmann, of counsel)
For the Respondent, W. Cary Edwards, Attorney General (Richard D. Fornaro, D.A.G.)
On September 28, 1988 the American Federation of State, County and Municipal Employees, Council 1 ("AFSCME") filed a second amendment to the above unfair practice charge, accompanied by an Application for Interim Relief and a request for temporary restraints. AFSCME alleged that the State of New Jersey ("State") repudiated the parties' collective agreement by changing the every other weekend off schedule for certain employees at the Menlo Park Soldiers Home, allegedly in violation of subsections 5.4(a)(1), (2), (3), (4) and (5) of the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-1 et seq.
The State denied that it repudiated the agreement and argued that its actions were authorized by the agreement.
The standards that have been developed by the Commission for evaluating interim relief requests are similar to those applied by the Courts when addressing similar applications. 1/
A hearing on the request for temporary restraints was conducted on September 30, 1988. The standards for granting interim relief were not met at that time and the request was denied.
A show cause hearing was conducted on October 6, 1988. After a full hearing I found that AFSCME did not meet all the required standards for granting interim relief. Accordingly, the Application for Interim Relief is denied.
Arnold H. Zudick
DATED: October 12, 1988
Trenton, New Jersey
1/ Crowe v. DeGioia, 90 N.J. 126 (1982); Tp. of Stafford , P.E.R.C. No. 76-9, 1 NJPER 59 (1975); State of New Jersey (Stockton State College), P.E.R.C. No. 76-6, 1 NJPER 41 (1975); Tp. of Little Egg Harbor, P.E.R.C. No. 94, 1 NJPER 36 (1975).
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