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2 N.J.A.R. 272

Tyler, Fred, et al. v. Paterson, City of
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Citation: 2 N.J.A.R. 272
Decision Date: 1979
Agency: CIVIL SERVICE COMMISSION
Synopsis: Public employees challenged their layoffs which were part of a general budget plan implemented by the city. All but two of the employees were unable to show that the layoffs were made in bad faith or in an attempt to circumvent their Civil Service rights. Two housing inspectors showed that Comprehensive Employment and Training Act (CETA) employees in the Department of Community Development performed the duties of housing inspectors prior to and subsequent to the inspectors' layoffs. This is a violation of 29 U.S.C.A. 823 (e) (1) and (20), which prohibit CETA employees from displacing Civil Service employees, and such violation constitutes bad faith by the city, even though the housing inspectors were laid off for reasons of economy. Subsequent to the hearing, both employees were reinstated to their positions. The employees are also entitled to back pay from the time of their layoff to reinstatement. Mona Norton, Pro Se Fred Tyler, Pro Se James Valdin, Pro Se Howard A. Goldberg, Esq., for Thomas Shadiak and Aileen Brown, Petitioners (Goldberg, Siegel & Finn, Attorneys) James A. Valois, Esq., for Respondent
Rule(s) Cited: 4:1-16.2(a)