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D.U.P. No. 93-46

Synopsis:

The Director of Unfair Practices dismisses an unfair practice charge filed by Larry S. Loigman, in his capacity as a concerned resident, citizen and taxpayer, against the Township of Middletown and Middletown PBA Local 124. The Director finds that under N.J.A.C. 19:14-1, Loigman is not entitled to file the charge since he is not a public employer, public employee, public employee organization or their representative.

PERC Citation:

D.U.P. No. 93-46, 19 NJPER 393 (¶24174 1993)

Appellate History:



Additional:



Miscellaneous:



NJPER Index:

71.14

Issues:

    DecisionsWordPerfectPDF
    NJ PERC:.DUP 93 46.wpd - DUP 93 46.wpdDUP 93-046.pdf - DUP 93-046.pdf

    Appellate Division:

    Supreme Court:



    D.U.P. NO. 93-46 1.
    D.U.P. NO. 93-46
    STATE OF NEW JERSEY
    PUBLIC EMPLOYMENT RELATIONS COMMISSION
    BEFORE THE DIRECTOR OF UNFAIR PRACTICES

    In the Matter of

    TOWNSHIP OF MIDDLETOWN and
    MIDDLETOWN PBA LOCAL 124,

    Respondent,

    -and- Docket No. CI-93-85

    LARRY S. LOIGMAN,

    Charging Party.

    Appearances:

    For the Respondent Township of Middletown
    Dowd & Reilly, attorneys
    (Bernard M. Reilly, of counsel)

    For the Respondent PBA Local 124
    Klatsky & Klatsky, attorneys
    (Fred M. Klatsky, of counsel)

    For the Charging Party
    Larry S. Loigman, attorney, pro se
    REFUSAL TO ISSUE COMPLAINT

    On June 1, 1993, Larry S. Loigman, Esq. filed an unfair practice charge with the Public Employment Relations Commission against the Township of Middletown and Middletown PBA Local 124. Loigman, in his capacity as a concerned resident, citizen and taxpayer, challenges the conduct of negotiations between the PBA and the Township.

    The Unfair Practice Rules of the Commission, N.J.A.C . 19:14-1, entitled "Who may file", provides:

    A charge that any public employer or public employee organization has engaged or is engaging


    in any unfair practice listed in subsections (a) and (b) of N.J.S.A . 34:13A-5.4 may be filed by any public employer, public employee, public employee organization, or their representative.

    Loigman is neither a public employer, public employee, public employee organization, or their representative. Thus, under N.J.A.C . 19:14-1, he is not entitled to file the instant unfair practice charge with the Commission. Therefore, I refuse to issue a complaint and dismiss this unfair practice charge.

    BY ORDER OF THE DIRECTOR

    OF UNFAIR PRACTICES




    Edmund G. Gerber, Director


    DATED: June 29, 1993
    Trenton, New Jersey

    ***** End of DUP 93-46 *****