D.U.P. NO. 80-4

STATE OF NEW JERSEY

PUBLIC EMPLOYMENT RELATIONS COMMISSION

BEFORE THE DIRECTOR OF REPRESENTATION

In the Matter of

NEW JERSEY HIGHWAY AUTHORITY

(GARDEN STATE PARKWAY),

Respondent,

-and-	Docket No. CO-79-311

LOCAL 196, I.F.P.T.E.,

AFL-CIO,

Charging Party.

REFUSAL TO ISSUE COMPLAINT

An Unfair Practice Charge was filed with the Public Employment Relations Commission (the "Commission") on May 15, 1979 by Local 196, I.F.P.T.E., AFL-CIO (the "Charging Party") against the New Jersey Highway Authority (Garden State Parkway) (the "Respondent") alleging that the Respondent was engaging in unfair practices within the meaning of the New Jersey Employer-
Employee Relations Act, N.J.S.A. 34:13A-1 et seq. (the "Act"), specifically N.J.S.A. 34:13A-5.4(a)(3).1/

N.J.S.A. 34:13A-5.4(c) sets forth in pertinent part that the Commission shall have the power to prevent anyone from engaging in any unfair practice, and that it has the authority to issue a complaint stating the unfair practice charge.2/ The Commission has delegated its authority to issue complaints to the undersigned and has established a standard upon which an unfair practice complaint may be issued. This standard provides that a complaint shall issue if it appears that the allegations of the charging party, if true, may constitute an unfair practice within the meaning of the Act.3/ The Commission's rules provide that the undersigned may decline to issue a complaint.4/

For the reasons stated below the undersigned has determined that the Commission's complaint issuance standards have not been met.

Consistent with its complaint issuance standards, the Commission's rules state that an unfair practice charge shall contain inter alia:

A clear and concise statement of the facts constituting the alleged unfair practice, including, where known, the time and place of occurrence of the particular acts alleged and the names of respondent's agents or other representatives by whom committed and a statement of the portion or portions of the Act alleged to have been violated." (emphasis added)5/

Accordingly, it is incumbent upon the Charging Party to allege specific factual allegations, not conclusionary statements, which may, if true, constitute unfair practices on the part of the respondent.

Subsequent to the filing of the instant Unfair Practice Charge, by letter dated May 18, 1979, the undersigned informed the Charging Party that the Charge could not be processed further unless it was amended, pursuant to N.J.A.C. 19:14-1.5, to include the specific factual information required by N.J.A.C. 19:14-
1.3.6/ The undersigned advised that a complaint would not issue if the Charging Party failed to state specific factual allegations. The undersigned has not received a reply to the May 18, 1979 letter, nor has the Charge been amended, as requested.

Accordingly, as the Charge does not state facts which, if true, may constitute unfair practices on the part of the Respondent, the undersigned declines to issue a complaint.

BY ORDER OF THE DIRECTOR

OF UNFAIR PRACTICES

/s/Carl Kurtzman, Director

DATED:	July 26, 1979

Trenton, New Jersey