D.U.P. NO. 91-20 1.
D.U.P. NO. 91-20
STATE OF NEW JERSEY
PUBLIC EMPLOYMENT RELATIONS COMMISSION
BEFORE THE DIRECTOR OF UNFAIR PRACTICES
In the Matter of
CITY OF ENGLEWOOD
& RWDSU, LOCAL 29,
Respondents,
-and- Docket No. CI-90-98
ANDRE DRAKEFORD,
Charging Party.
Appearances:
For the Respondent City of Englewood
Rupp and TenHoeve, attorneys
(William F. Rupp, of counsel)
For the Respondent RWDSU, Local 29
Jonas Wolf, Representative
For the Charging Party,
Andre Drakeford, pro se
REFUSAL TO ISSUE COMPLAINT
On July 10, 1990, Andre Drakeford ("Drakeford") filed an unfair practice charge against the City of Englewood ("City") and RWDSU, Local 29 ("union") with the Public Employment Relations Commission ("Commission") alleging that he was improperly discharged and the union failed to properly represent him in violation of the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-1 et seq.
Drakeford specifically alleged that he was discharged on March 7, 1990, after the operating manager of the City's Department of Public Works requested his resignation because he attended a drug
rehabilitation facility. Drakeford alleged that the City did not follow standard rules in his case and further, other employees who attended drug rehabilitation programs were not discharged.
Drakeford also alleged that the union failed to respond to his inquiries and failed to provide him with an arbitration hearing, even though one was promised to him. However, at a conference on Drakeford's charge with a Commission staff agent, Drakeford stated he wanted to abandon his charge against the union. Accordingly, I dismiss that portion of the charge.
This Agency has no jurisdiction to hear Drakeford's charge against the City. The Act does not regulate the employment relationship between an employee and an employer except that an employer may not act in a way which discourages the exercise of certain rights guaranteed by the Act; that is, participation or the refusal to participate in union activity. See N.J.S.A. 34:13A-5.4(a)(3). Elizabeth Housing Authority , D.U.P. No. 90-3, 15 NJPER 385 ( & 20162 1989).
Accordingly, I dismiss the unfair practice charge in its entirety.
BY ORDER OF THE DIRECTOR
OF UNFAIR PRACTICES
Edmund G. Gerber, Director
DATED: February 28, 1991
Trenton, New Jersey
D.U.P. NO. 91-20
STATE OF NEW JERSEY
PUBLIC EMPLOYMENT RELATIONS COMMISSION
BEFORE THE DIRECTOR OF UNFAIR PRACTICES
In the Matter of
CITY OF ENGLEWOOD
& RWDSU, LOCAL 29,
Respondents,
-and- Docket No. CI-90-98
ANDRE DRAKEFORD,
Charging Party.
Service on the following;
William F. Rupp, Esq.
Rupp & TenHoeve
9 Kansas Street
Hackensack, NJ 07601
Jonas Wolf, Representative
RWDSU, Local 29
c/o 175 So. Van Brunt Street
Englewood, NJ 07631
Andre Drakeford
127 Oak Street
Englewood, NJ 07631
Issued: February 28, 1991
R/R Due: March 13, 1991
bc: Commissioners
***** End of DUP 91-20 ***** |