![]() ![]() On June 2, 2016, HEA filed a position statement and served it on Gallone. ![]() 34:13A-5.4b prohibits employee organizations, their representatives or agents from: “(1) Interfering with, restraining or coercing employees in the exercise of the rights guaranteed to them by this act.(3) Refusing to negotiate in good faith with a public employer, if they are the majority representative of employees in an appropriate unit concerning terms and conditions of employment of employees in that unit.(5) Violating any of the rules and regulations established by the commission.” The gravamen of the charge is that HEA breached its duty of fair representation on or about January 21, 2016, when the salary guide resulting from its negotiations with Hopatcong Borough Board of Education (Board) was ratified by HEA membership but failed to follow NJEA published guidelines for salary guide development, resulting in disparities in wage increases between unit members at different steps and an alleged loss of career earnings for Gallone totaling $45,725. 34:13A-5.4b (1), (3), and (5) of the New Jersey Employer-Employee Relations Act, N.J.S.A. The charge alleges a violation of N.J.S.A. Gallone (Gallone) filed an unfair practice charge against Hopatcong Education Association (HEA). The Acting Director also found that Gallone had not alleged that HEA caused a change to the salary guide in retaliation against the member or otherwise acted coercively or in bad faith.ĭ.U.P. ![]() The Acting Director found that this allegation was untimely. Gallone also alleged that HEA violated a member’s right to communicate. The Acting Director found that the disparities alone did not violate the Act and that Gallone had not alleged facts indicating bad faith or a deliberate decision to cause her harm. Gallone alleged HEA breached its duty of fair representation when the salary guide resulting from its negotiations with the Hopatcong Borough Board of Education (Board) and ratified by its membership contained disparities in wage increases at different steps compared to prior salary guides. Gallone (Gallone) against the Hopatcong Education Association (HEA). The Acting Director of Unfair Practices dismisses an unfair practice charge filed by Maureen P. ![]()
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