In accordance with a report issued by NJ.Com, more than 40 towns and counties filed petitions to compel compulsory interest arbitration in anticipation of the expiration of what is commonly referred to as the “2% cap” law. Today, April 1, 2014, a state law in effect since 2011 that caps interest arbitration awards at 2 percent, sunsets and renewal of the same appears to be unlikely.
The State Senate and Assembly on Thursday sent Gov. Chris Christie a bill that would extend the cap until the end of 2017. The bill had slight modifications to the current law that is set to expire. However, Christie conditionally vetoed the bill, stating that it did not impose the necessary restraints on law enforcement unions to collectively bargain for wages and conditions of employment. The State Senate concurred with the Governor’s recommendations, however, the Assembly has yet to address the veto.
Based on the foregoing, various municipalities and counties filed for interest arbitration due to the fact that they believe it is unclear if the cap will apply to contracts that are under negotiation but have not yet gone into arbitration.
Under the current law, the New Jersey Public Employment Relations Commission is mandated to appoint an Arbitrator the following business day that a petition to compel arbitration is received. However, at this point in time, there are approximately five (5) arbitrators that sit on the special panel that has been appointed to hear these highly complex legal and economic cases. Thus, it appears evident that it will be an impossibility for arbitrator appointments to be made in accordance with the mandate. As we have all known for the past three years, the system to address an impasse regarding public safety contracts is fractured and in need of an overhaul. However, now, State Government must recognize the problems with the current law as they most likely will not be able to comply with the very same rules and regulations that they have put into place.

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DONALD C. BARBATI, JR.

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues…

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues litigated before the courts and administrative tribunals throughout the State of New Jersey. In addition, Mr. Barbati also routinely represents individuals in various types of public pension appeals, real estate transactions, and general litigation matters. He is a frequent contributor to the New Jersey Public Safety Officers Law Blog, a free legal publication designed to keep New Jersey public safety officers up-to-date and informed about legal issues pertinent to their profession. During his years of practice, Mr. Barbati has established a reputation for achieving favorable results for his clients in a cost-efficient manner.

Mr. Barbati has also handled numerous novel legal issues while representing New Jersey Public Safety Officers. Most notably, he served as lead counsel for the Appellants in the published case In re Rodriguez, 423 N.J. Super. 440 (App. Div. 2011). In that case, Mr. Barbati successfully argued on behalf of the Appellants, thereby overturning the Attorney General’s denial of counsel to two prison guards in a civil rights suit arising from an inmate assault.  In the process, the Court clarified the standard to be utilized by the Attorney General in assessing whether a public employee is entitled to legal representation and mandated that reliance must be placed on up-to-date information.

Prior to becoming a practicing attorney, Mr. Barbati served as a judicial law clerk to the Honorable Linda R. Feinberg, Assignment Judge of the Superior Court of New Jersey, Mercer Vicinage. During his clerkship Mr. Barbati handled numerous complex and novel substantive and procedural issues arising from complaints in lieu of prerogative writs, orders to show cause, and motion practice. These include appeals from decisions by planning and zoning boards and local government bodies, bidding challenges under the Local Public Contract Law, Open Public Records Act requests, the taking of private property under the eminent domain statute, and election law disputes. In addition, Mr. Barbati, as a certified mediator, mediated many small claims disputes in the Special Civil Part.

Mr. Barbati received a Bachelor of Arts degree in history, magna cum laude, from Rider University in Lawrenceville, New Jersey. Upon graduating, Mr. Barbati attended Widener University School of Law in Wilmington, Delaware. In 2007, he received his juris doctorate, magna cum laude, graduating in the top five percent of his class. During law school, Mr. Barbati interned for the Honorable Joseph E. Irenas, Senior United States District Court Judge for the District of New Jersey in Camden, New Jersey, assisting on various constitutional, employment, and Third Circuit Court of Appeals litigation, including numerous civil rights, social security, and immigration cases.