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Sunday, January 10, 2016

IN THE MATTER OF BOARD OF FIRE COMMISSIONERS, FIRE DISTRICT NO. 1, MONROE TOWNSHIP AND MONROE TOWNSHIP page6image19576 page6image19736 page6image19896 PROFESSIONAL FIREFIGHTERS ASSOCIATION, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3170 A-0765-14T2

IN THE MATTER OF BOARD OF FIRE COMMISSIONERS, FIRE DISTRICT NO. 1, MONROE TOWNSHIP AND MONROE TOWNSHIP
page6image19576 page6image19736 page6image19896

PROFESSIONAL  FIREFIGHTERS  ASSOCIATION,  INTERNATIONAL
          ASSOCIATION OF FIREFIGHTERS, LOCAL 3170
          A-0765-14T2
Applying the dual motivation test in In re Township of Bridgewater, 95 N.J. 235 (1984), PERC determined that anti-union animus was a substantial or motivating factor for the Board's termination of firefighters. It also rejected as pretextual the Board's assertion that it fired the firefighters as a cost saving measure.
We affirmed PERC's determinations and held that after it reinstates an aggrieved employee, a public employer retains its rights under the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-1 to -43, "to discharge a worker for a legitimate business reason, unrelated to the employee's union activities." Twp. of Bridgewater, supra, 95 N.J. at 237. The reinstatement of the employee, therefore, does not forever preclude the public employer from making legitimate and non- retaliatory employment decisions.