D.U.P. NO. 92-11

STATE OF NEW JERSEY

PUBLIC EMPLOYMENT RELATIONS COMMISSION

BEFORE THE DIRECTOR OF UNFAIR PRACTICES

In the Matter of

ASBURY PARK BOARD OF EDUCATION

and ASBURY PARK ADMINISTRATORS AND

SUPERVISORS ASSOCIATION,

Respondents,

-and-	Docket No. CI-91-81

STACEY H. MICHAELIDES,

Charging Party.

Appearances:

For the Respondent Board of Education

McOmber & McOmber, attorneys

(J. Peter Sokol, of counsel)

For the Respondent Association

N.J. Principals & Supervisors Association

(Wayne J. Oppito, attorney)

For the Charging Party

D. Gayle Loftis, attorney

REFUSAL TO ISSUE COMPLAINT

I have reviewed the allegation of the unfair practice charge filed on behalf of Stacey Michaelides (Michaels) against the Asbury Park Board of Education and Administrators and Supervisors Association. The charge, filed on June 20, 1991, has three basic allegations: Michaelides discharge was motivated by anti-union animus, the union negotiating team was improperly constituted and the salary negotiated for Michaelides was discriminatory.

N.J.S.A. 34:13A-5.4(c) precludes the Commission from issuing a Complaint where an unfair practice charge has not been filed within six (6) months of the occurrence of any unfair practice, unless the aggrieved person was prevented from filing the charge. See In re North Warren Bd. of Ed., D.U.P. No. 78-7, 4 NJPER 55 (¶4026 1977).

All events alleged by Michaelides occurred by August 16, 1990, more than six months prior to the filing of the charge, and, the charge does not show how Michaelides was prevented from filing the charge in a timely way.

Based upon the foregoing, I find that the Commission's complaint issuance standard has not been met and decline to issue a complaint on the allegations of this charge.

BY ORDER OF THE DIRECTOR

OF UNFAIR PRACTICES

Edmund G. Gerber, Director

DATED:	March 20, 1992

Trenton, New Jersey