Wednesday, September 9, 2015
IN THE MATTER OF PROBATION ASSOCIATION OF NEW JERSEY AND PETER TORTORETO AND ROBYN GHEE A-2101-13T3
IN THE MATTER OF PROBATION ASSOCIATION OF NEW JERSEY AND PETER TORTORETO AND ROBYN GHEE
The sole issue on this appeal is whether the Public Employment Relations Commission (PERC) was correct as a matter of law in determining that because the Charging Parties were not expelled but only suspended from their union, the allegations of their unfair practice charge, even if true, concern only internal union disputes that do not support even a potential violation of the Employer-Employee Relations Act, and thus are beyond the scope of PERC's unfair practice jurisdiction.
Because nothing in the language of N.J.S.A. 34:13A-5.3,
-5.4b(1), which provides that "public employees shall have, and shall be protected in the exercise of, the right, freely and without fear of penalty or reprisal, to form, join and assist any employee organization," suggests that PERC's jurisdiction is invoked only when a member is expelled or permanently excluded from union membership, the court reverses.