H.E. NO. 83-10

STATE OF NEW JERSEY

BEFORE A HEARING EXAMINER OF THE

PUBLIC EMPLOYMENT RELATIONS COMMISSION

In the Matter of

JERSEY CITY BOARD OF EDUCATION,

Respondent,

-and-	Docket No. CO-82-182-125

JERSEY CITY EDUCATION ASSOCIATION,

Charging Party.

Appearances:

For the Respondent, Louis Serterides, Esq.

For the Charging Party, Philip Feintuch, Esq.

DECISION ON MOTION FOR DEFAULT JUDGMENT

On May 18, 1982, a Complaint was issued by the Director of Unfair Practices in this matter.

Hearing dates were set for July 8 and 9 at the P.E.R.C. Offices in Newark, New Jersey. No one appeared for the Board of Education.

Service of the Complaint and Notice of Hearing was made on its attorney Louis Serterides and on June 7, 1982, Mr. Serterides filed an answer to the complaint with the Commission.

The undersigned telephoned the office of Mr. Serterides on the morning of July 8 to find out if the Board planned to appear. A secretary told me Serterides was home ill. I asked her to have Serterides call me directly from home. I did not receive a return call and called Serterides' office a second time. His secretary informed me that Serterides was going to see a doctor and would be out of the office on the 8th and 9th. Further she went on to say that Serterides had called her the day before, on the seventh and asked her to cancel his appointments for the rest of the week. No attempt was made to seek an adjournment of the instant matter however.

After informing the Charging Party that the Board was not appearing, it made this motion for default judgment.

No good cause having been shown why this matter should be adjourned, the motion for default judgment is hereby granted and it is hereby Ordered:

1)	The Board of Education of the City of Jersey City rescind its unilaterally instituted policy concerning application for leave of absence, sickness and business and restore the status quo ante.

2)	Negotiate in good faith any proposal to change the procedures to apply for leaves of absence for sickness and/or business.

/s/Edmund G. Gerber

Hearing Examiner

DATED:	July 13, 1982

Trenton, New Jersey