Carlos Lopez, hearing officer for the Public Employees Relations Commission (PERC), issued his recommendation concerning an unfair labor practice (ULP) filed by PJCFA against PJC administration. Officer Lopez found in favor of PJCFA.
The ULP concerns the administration's refusal to arbitrate a grievance filed in November 2008. The grievance argues that administration owes the faculty a two-percent increase based on contractual language contained in the 2008-2009 CBA. Administration argued that the grievance was frivolous and without merit. Officer Lopez disagreed, saying "The law regarding a refusal to arbitrate a grievance is long-standing and well-settled. The PJCFA grieved an arguably arbitrable subject matter properly resolved through contract arbitration. The BOT knew or should have known that it was committing an unfair labor practice by refusing to participate in arbitration."
His recommendation must now be adopted by PERC. He has asked that PERC issue an order demanding the BOT to:
(1) Cease and desist from refusing to process to arbitration grievances filed by PJCFA; (2) Process the grievance filed by PJCFA; (3) Pay reasonable attorney's fees and costs expended by PJCFA and UFF in litigating theh case; (4) Post immediately for sixty days in conspicuous locations an announcement stating that the BOT shall cease and desist from the actions set forth in the recommendation; (5) Have the Notice signed by the BOT's authorized representatives and make sure that the Notice is not altered, defaced, or covered by other material; and (6) Notify PERC within 20 calendar dates from the issuance of the order of the steps that have been taken to comply with that order.
The administration has fifteen days to file exceptions to the recommendation. PERC will then review the hearing officer's ruling and issue its order.
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