D.U.P. NO. 82-33

STATE OF NEW JERSEY

PUBLIC EMPLOYMENT RELATIONS COMMISSION

BEFORE THE DIRECTOR OF REPRESENTATION

In the Matter of

ESSEX COUNTY GERIATRIC CENTER,

Respondent,

-and-	Docket No. CI-82-34

ANNA DeFRANZA,

Charging Party.

REFUSAL TO ISSUE COMPLAINT

An Unfair Practice Charge was filed with the Public Employment Relations Commission (the "Commission") on January 18, 1982, by Anna DeFranza (the "Charging Party") against the Essex County Geriatric Center (the "Respondent") alleging that the Respondent was engaging in unfair practices within the meaning of the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-1 et seq. (the "Act"). An amended charge was filed on February 9, 1982.

N.J.S.A. 34:13A-5.4(c) sets forth in pertinent part that the Commission shall have the power to prevent anyone from engaging in any unfair practice, and that it has the authority to issue a complaint stating the unfair practice charge.1/ The Commission has delegated its authority to issue complaints to the undersigned and has established a standard upon which an unfair practice complaint may be issued. This standard provides that a complaint shall issue if it appears that the allegations of the charging party, if true, may constitute an unfair practice within the meaning of the Act.2/ The Commission's rules provide that the undersigned may decline to issue a complaint.3/

For the reasons stated below, the undersigned has determined that the Commission's complaint issuance standards have not been met.

Initially, the undersigned notes that pursuant to N.J.A.C. 19:14-1.3(a)(3), an unfair practice charge must contain ". . . a statement of the portion or portions of the Act alleged to have been violated." Accordingly, the undersigned has determined that it is incumbent upon the Charging Party to allege the particular sections of the Act claimed to have been violated, and has declined to issue complaints where this requirement has not been met. Subsequent to the filing of the instant Unfair Practice Charge, by letter dated January 27, 1982, the undersigned informed the Charging Party that the Charge could not be processed further unless it was amended, pursuant to N.J.A.C. 19:14-1.5, to include the section or sections of the Act alleged to have been violated. The undersigned directed the Charging Party's attention to the relevant provision of N.J.A.C. 19:14-
1.3(a)(3) and advised that a complaint would not issue if the Charging Party failed to state the specific section or sections of the Act alleged to have been violated. Pursuant to a letter dated February 25, 1982, Commission agent Susan L. Wood again referred the Charging Party to the letter of January 27, 1982 and specifically informed said Charging Party that if the Charge was not amended to include the section of the Act alleged to have been violated, the undersigned would decline to issue a complaint. The undersigned has not received a reply to the January 27, 1982 or February 25, 1982 letters, nor has the Charge been amended, as requested.

The gravamen of the Charge is that the Respondent has refused to permit the Charging Party to utilize accrued sick leave, vacation leave, personal leave and holidays, based allegedly on her absence of approximately sixteen months due to a job-related injury for which the Charging Party received Workman's Compensation for approximately one year. The undersigned, based on the Charge as written, is unable to discern a nexus between the Respondent's alleged actions and any prohibited practice under 5.4(a).

Accordingly, the undersigned declines to issue a complaint herein.

BY ORDER OF THE DIRECTOR

OF UNFAIR PRACTICES

/s/Carl Kurtzman, Director

DATED:	May 6, 1982

Trenton, New Jersey