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I.R. No. 89-7

Synopsis:

A Commission designee denies interim relief on a request by AFSCME to restrain the State's implementation of a change in the work week schedule. The State had altered the every other weekend off schedule of certain employees represented by AFSCME. AFSCME argued that the employer's actions repudiated the parties' collective agreement; the employer argued to the contrary that its actions were protected by the collective agreement. The Commission designee found that AFSCME had not demonstrated a substantial likelihood of success on the merits, thus, the application for interim relief was denied.

PERC Citation:

I.R. No. 89-7, 14 NJPER 676 (¶19283 1988)

Appellate History:



Additional:



Miscellaneous:



NJPER Index:

74.373

Issues:

    DecisionsWordPerfectPDF
    NJ PERC:.IR 89 7.wpd - IR 89 7.wpdIR 89-007.pdf - IR 89-007.pdf
    Appellate Division:
    Supreme Court:


    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),

    Respondent,

    -and- Docket No. CO-H-88-159

    AMERICAN FEDERATION OF STATE,
    COUNTY & MUNICIPAL EMPLOYEES,
    COUNCIL 1,

    Charging Party.

    Appearances:

    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.)
    INTERLOCUTORY DECISION

    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
    Commission Designee

    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).

    ***** End of IR 89-7 *****