THE PUBLIC EMPLOYMENT RELATIONS COMMISSION HEARING EXAMINER CONCLUDES HIS ANALYSIS:
Docket No. CO-H-89-301
Based on the entire record, I conclude that the Union has shown by a preponderance of the evidence that the Authority acted unlawfully when it eliminated the Lab Technician title. I also conclude that the motive offered by the Authority -- that eliminating the title was the least expensive way to restructure the lab -- was a pretext and that by eliminating the title the Authority was ensuring that the grievant had no effective remedy in arbitration. Under Bridgewater, this is sufficient basis for finding a violation. Holo-Krome v. NLRB; State of New Jersey (Human Services).
I turn now to the question of remedy. N.J.A.C. 34: 13A-5.4 (c) authorizes the Commission to "cause to be served upon (a party which has engaged in an unfair practice) an order requiring such party to cease and desist from such unfair practice and to take such reasonable affirmative action as will effectuate the policies of our Act." This provision authorizes "the power to order that an employee be made whole through an award of back pay." Galloway Tp. Bd. of Ed. v. Galloway Tp. Ass'n of Ed. Sec., 78 N.J. 1, 9 (1978).
Before his demotion in August, 1988, the grievant had worked a day shift in the lab as a Lab Technician. Arbitrator Knowlton awarded the grievant back pay from October 3, 1988 until November 3, 1988, the date on which the Authority eliminated the Lab Technician title. In order to make the grievant whole for the unlawful elimination of his title, he should be offered a job on the day shift as a Lab Technician and receive back pay in the amount he would have received as a Lab Technician minus what he received as a Plant Operator from november 3, 1988 until the present, plus interest. R.4:42-11. See e.g., Tp. of Clark, P.E.R.C. No. 80-117, 6 NJPER 186 (11089 1980).
CONCLUSION OF LAW:
The Authority violated SS 5.4 (a) (3) and (1) of our Act by eliminating the Lab Technician title in an attempt to deny the grievant an effective remedy to a grievance about his permanent demotion from that title filed by the local union.
TO BE CONTINUED WITH THE CONCLUSION AND OUTCOME
