D.U.P. NO. 94-41 1.
D.U.P. NO. 94-41
STATE OF NEW JERSEY
PUBLIC EMPLOYMENT RELATIONS COMMISSION
BEFORE THE DIRECTOR OF UNFAIR PRACTICES
In the Matter of
UNITED INDEPENDENT UNION,
Respondent,
-and- Docket No. CI-94-41
JOSEPH L. LABENZ, III,
Charging Party.
Appearances:
For the Respondent,
Francis Chippardi, President
For the Charging Party,
Joseph L. LaBenz, III, pro se
REFUSAL TO ISSUE COMPLAINT
On January 25, 1994, Joseph LaBenz, III, filed an unfair practice charge with the Public Employment Relations Commission alleging that he did not get proper representation from his employee representative when he grieved a "lateral reassignment" that entailed new work hours.
LaBenz alleges that on May 21, 1993, he received a letter from the union attorney stating that it was his belief that he did not have a case and the union "will not proceed any further."
It is apparent from the facts alleged by LaBenz that the union notified him that it would not represent him more than six
months prior to the filing of his unfair practice charge.1/ 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).
Therefore, I do not believe that the Commission's complaint issuance standard has been met and decline to issue a complaint on the allegations of this charge. 2/ The charge is dismissed.
BY ORDER OF THE DIRECTOR
OF UNFAIR PRACTICES
Edmund G. Gerber, Director
DATED: April 13, 1994
Trenton, New Jersey
1/ On February 24, 1994, LaBenz sought to amend his charge claiming the union conduct constituted "continuing violation". However, he failed to allege any new facts in support of this position.
2/ N.J.A.C. 19:14-2.3. ***** End of DUP 94-41 ***** |