A.B.D. No. 86-3

STATE OF NEW JERSEY

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION APPEAL BOARD

OAL DKT #PRB-5273-85

AGENCY DKT #AB-85-13

JOHN T. DRDAK et.al.,

Petitioners,

v.

COMMUNICATIONS WORKERS OF

AMERICA, AFL-CIO,

Respondent.

John T. Drdak, Representative appeared pro se

Steven Weissman, Esq. for respondent (CWA District No. 1)

DECISION AND ORDER

On June 10, 1985, John T. Drdak and 24 other employees of the State of New Jersey filed petitions of appeal with the Public Employment Relations Commission Appeal Board (hereinafter Appeal Board) seeking a refund of representation fees in lieu of dues paid to the Communications Workers of America, (hereinafter CWA) the employees' majority representative. An Answer to the petitions was filed by the CWA on August 5, 1985.

On August 20, 1985, the Appeal Board transferred the petitions as a contested case to the Office of Administrative Law (O.A.L.) for hearing. The cases were assigned to Administrative Law Judge Joseph Lavery. Prior to the opening of hearings the CWA and all petitioners (save one who withdrew his appeal) entered into a stipulation of settlement. Judge Lavery reviewed the terms of the

settlement and concluded that it was entered into voluntarily, fully disposed of all issues in controversy and was consistent with law.

On December 19, 1985 Judge Lavery issued an "Initial Decision-Settlement" ordering that all parties comply with the terms of the settlement and concluding the proceedings before him. We have reviewed the settlement and Judge Lavery's order, pursuant to N.J.S.A. 52:14B-10 and conclude that his action is correct.

ORDER

The Initial Decision-Settlement of the Office of Administrative Law (attached hereto) is hereby affirmed.

BY ORDER OF THE APPEAL BOARD

ROBERT J. PACCA

Chairman

DATED: TRENTON, NEW JERSEY

January 28, l986

ISSUED: January 28, l986