Galloway Tp. Bd. of Educ. v. Galloway Tp. Ass'n of Educational Secretaries

• Court: New Jersey Superior Court – Appellate Division
• Writing for the Court: FURMAN
• Citation: 373 A.2d 1011,149 N.J.Super. 346
• Decision Date: 29 March 1977
• Parties: , 95 L.R.R.M. (BNA) 2599, 81 Lab.Cas. P 55,042 GALLOWAY TOWNSHIP BOARD OF EDUCATION, Respondent-Appellant, v. GALLOWAY TOWNSHIP ASSOCIATION OF EDUCATIONAL SECRETARIES, Charging Party-Respondent.

Page 346

149 N.J.Super. 346 373 A.2d 1011, 95 L.R.R.M. (BNA) 2599,
81 Lab.Cas. P 55,042 GALLOWAY TOWNSHIP BOARD OF EDUCATION, Respondent-Appellant,
v.
GALLOWAY TOWNSHIP ASSOCIATION OF EDUCATIONAL SECRETARIES,
Charging Party-Respondent. Superior Court of New Jersey,
Appellate Division. Argued Feb. 7, 1977.
Decided March 29, 1977.

Page 348

Robert J. Hrebek, Lake Hopatcong, for Bd. of Ed. (Murray, Meagher & Granello, Little Silver, attorneys).

James M. Blaney, Brick Town, for Educational Secretaries (Starkey, White & Kelly, Brick Town, Attorneys).

Sydney H. Lehmann, Trenton, for Public Employment Relations Com'n (David A. Wallace, Gen. Counsel, Public Employment Relations Com'n, Trenton, on the brief).

Before Judges BISCHOFF, MORGAN and FURMAN.

[373 A.2d 1012] The opinion of the court was delivered by

FURMAN, J.S.C., Temporarily Assigned.

This appeal raises the issue of the authority of the Public Employment Relations Commission (PERC) created pursuant to L. 1974, C. 123 (N.J.S.A. 34:13A--5.2) to order payment of back pay when no services were rendered, upon a determination of an unfair labor practice. Other issues are moot because of the dissolution of respondent employee organization which

Page 349

was the majority representative of the seven secretaries employed by appellant board of education.

After a representation election respondent was certified as majority representative on June 4, 1975. Appellant board announced on July 8, 1975 that the working day of our secretaries would be reduced from seven to four hours because of a budget cut. The first collective negotiating session was held on July 22, 1975. On August 12, 1975, the board announced that one secretary would work from 7:15 a.m. to 2:45 p.m., instead of from 7:45 a.m. to 3:15 p.m. as theretofore, and that another secretary's work day would be shifted by five minutes. The next negotiating session after August 14, 1975 was cancelled. The parties fixed October 27, 1975 for the continuance of negotiations. Meanwhile, respondent filed an unfair labor practice charge with PERC on August 29, 1975, alleging that the announced reduction and alteration of working hours for six of the seven secretaries had a chilling effect on negotiations, in violation of N.J.S.A. 34:13A--5.4(a)(1), and amounted to a refusal to negotiate in good faith, in violation of N.J.S.A. 34:13A--5.4(a)(5). The announced changes in working hours were implemented as of the start of the school year, September 2, 1975. No collective negotiating agreement was ever reached between the parties.

PERC issued its decision and order on April 28, 1976. It concluded that the announcement and implementation of the changes in working hours constituted unfair labor practices under subsections (1) and (5). The implementation was stipulated as a fact and considered within the unfair labor practice charge although subsequent in time to the filing of the charge, which was not supplemented. The board was ordered to cease and desist from interference with or coercion of employees in the exercise of their right of collective negotiations, from refusal to negotiate collectively in good faith with respondent, and from unilaterally altering the...