New Jersey Highway Authority v. International Federation of Professional

644 A.2d 1140, 274 N.J. Super. 599, 1994 N.J. Super. LEXIS 324
CourtNew Jersey Superior Court Appellate Division
DecidedJuly 11, 1994
StatusPublished
Cited by4 cases

This text of 644 A.2d 1140 (New Jersey Highway Authority v. International Federation of Professional) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
New Jersey Highway Authority v. International Federation of Professional, 644 A.2d 1140, 274 N.J. Super. 599, 1994 N.J. Super. LEXIS 324 (N.J. Ct. App. 1994).

Opinion

The opinion of the court was delivered by

PETRELLA, P.J.A.D.

New Jersey Highway Authority (NJHA) appeals from a Law Division order, which confirmed an arbitration award in favor of defendants-respondents International Federation of Professional and Technical Engineers, Local 193 (Local 193), and Gerard Adamczyk (collectively referred to as “defendants”).

This matter stems from a November 23,1992 arbitration award that required NJHA to reimburse Adamczyk for accrued sick and vacation days, totaling about $17,000, even though he had been terminated for stealing toll receipts. The facts are essentially undisputed. NJHA operates and maintains the Garden State Parkway. Local 193 represents toll supervisors (those empowered to supervise toll plazas). The parties entered into a public sector collective negotiation agreement.

Adamczyk, a Local 193 union member, was a supervisor at the Cape May Toll Plaza. His duties included the securing of monies collected from automatic toll machines and placing those funds in a vault located at the toll plaza. In March 1992, the Internal Audit Division for NJHA informed security at the plaza of shortages totaling approximately $541. An investigation ensued.

On April. 3, 1992, security agents witnessed Adamczyk take a bag of coins and tokens from the-vault building and place it in his [603]*603automobile.1 Security then notified the New Jersey State Police, which sent two police officers to the scene of the crime.

Upon arrival, an officer approached Adamczyk and identified himself, whereupon Adamczyk said that “he had made a mistake and ... [the police officer] could go in his vehicle to obtain the coins he had taken[,]” according to the officer’s police report. After reading Adamczyk his Miranda rights and preparing a consent to search form that he signed, the police recovered the plastic bag, which contained about $111 in coins and tokens, from the vehicle.2 The police then arrested him, took him to the police station, and charged him with theft.

In response to an officer asking him to explain what he knew regarding the theft, Adamczyk stated: “Plain English, I took the money.” He specifically said:

When I was changing the vaults [containers used to transfer tokens and coins] I found a vault from lane four have an un-seeure lid. When I was placing the same vault on the pallet in the vault building some money fell out. I opened the lid, took a few handfuls out and put the coins in a plastic bag. I proceeded to put the seals on the rest of the vaults, started to take the damaged vault into the building to count it as per proper procedure. Changed my mind threw it back in the stack on the pallet put the safety lid or security lid on it then put the seal on it. Went to the car took off the glove I wear on my left hand and put the bag of money under the front seat of the car.

Adamczyk hastened to add: “But I never pried this or any other vault open.”

[604]*604Adamczyk also admitted to incidents of thievery when he provided the following responses to questions asked by the State police:

Q. Have you ever taken any money before, money that you should have turned in?
A. Yes.
Q, Would you tell me when and how you did that?
A I can’t tell you when an[ ] how, occasionally out of a vault that wasn’t locked. Occasionally I found a vault that wasn’t locked, I reached in and took a handful of change out. I put it in my pocket.
Q. About how many times did you do this?
A I can’t give you an exact number, maybe a dozen over a couple of years.
Q. Approximately how much money was involved when you did this?
A I don’t know, I didn’t count it Rick.
Q. Do you remember when you did this?
A One day last week. Before that it had to be approximately a month.
Q. Have you ever taken any money from the toll lanes and not turned it in when you should have, money that was lying on the ground?
A Yeah a couple of coins once in a while.

NJHA immediately suspended Adamczyk and, on April 10,1992, formally charged him “with improper performance of duty and failure to perform as required in [his] job description.”3 NJHA charged Adamczyk with unlawfully removing about $111 on April 3 and unlawfully removing “varying amounts of coins and tokens from property of the New Jersey Highway Authority ... for [his] personal gain” between January and April 1992. The written notice indicated a disciplinary hearing would be held on April 20. The hearing, however, was adjourned on several occasions.

In the interim, on May 12, Adamczyk tendered a letter of • resignation, which provided in pertinent part:

I am writing to ask that the New Jersey Highway Authority accept my resignation effective immediately. As you are aware on April 3,1992 I was placed upon a leave without pay. Subsequent to that time I have involved myself with a therapist under the Resolve Program. It is my decision after conferring with that [605]*605therapist that I am unable to continue working in my present capacity because I am unable to carry out the duties of a supervisor and would therefore request that you accept my resignation.

NJHA rejected Adamczyk’s resignation in a May 15 letter, which stated: “Please be advised that your letter of resignation ... is not acceptable.”

On June 1, NJHA held a hearing and, on June 4, found Adamezyk guilty as charged and concluded:

I hold that you should be terminated on each of the accounts for which you have been found guilty effective April 3, 1992. I further conclude that on the basis of these findings, that you receive no sick leave, vacation pay, or any other benefits which would have been due you in the absence of this action.

Adamezyk did not challenge his termination. Local 193, however, filed a grievance on his behalf, contending that NJHA “violated his rights under the Collective Bargaining Agreement by refusing to accept his resignation and by denying him payment for unused accrued sick leave, vacation, compensatory time and any other benefits which were due to him prior to his suspension on or about April 3,1992.” NJHA rejected that claim. The parties exhausted the grievance procedures outlined in their contract and then selected an arbitrator to hear the matter.

In the arbitration the parties agreed that Adamezyk sought three types of benefits: (1) unused sick leave, which equalled $16,182 (762.96 hours); (2) accrued vacation time in the amount of $1,102.71 (51.99 hours); and (3) compensation time, which Adam-ezyk admittedly owed NJHA $254.52. In total, Adamezyk sought about $17,000.

With respect to unused sick time, section XXII, paragraph two, of the contract states in pertinent part:

Sick Leave is cumulative.

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644 A.2d 1140, 274 N.J. Super. 599, 1994 N.J. Super. LEXIS 324, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-jersey-highway-authority-v-international-federation-of-professional-njsuperctappdiv-1994.