New Jersey Public Safety Officers Law Blog

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Public Safety Officers Law Blog

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Category Archives: Contract Interpretation

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Morris County Freeholders Reject Sheriff’s Officers’ Bargaining Agreement That Was Negotiated and Signed by The Sherriff

Posted in Contract Interpretation, Contract Negotiations, Interest Arbitration, Public Employment Labor Law
As reported in the North Jersey News Publication, The Daily Record, Morris County Sheriff Edward V. Rochford has formally been advised by the freeholders and county administrator that a labor contract he privately negotiated with the Morris County Sheriff’s Officer’s union that provides a 20 percent (20%) increase in salaries over three years — is… Continue Reading

NJ League of Municipalities Warns that Christie’s Proposed Pension Reform Could Disenfranchise Workers and Trigger a Mass Exodus of Local Employees

Posted in Contract Interpretation, Contract Negotiations, Interest Arbitration, Public Employment Labor Law, Retiree Benefits
As reported in NJ.Com, the New Jersey League of Municipalities stopped short of taking an official position on Gov. Chris Christie’s proposed pension reforms but stated the proposed changes could disenfranchise workers and trigger a mass exodus of local workers.  Executive Director Bill Dressel shared the league’s concerns in a letter to the governor late last… Continue Reading

Did Governor Christie Ever Have Any Intention of Keeping His Promise to Fully Fund the Pension System?

Posted in Contract Interpretation, Public Employment Labor Law
As reported on NJ.Com, The State of New Jersey argued before a State Superior Court Judge today that Governor Chris Christie cannot be forced to make full pension payments because the 2011 law committing him to fully fund the state system in exchange for union concessions was unconstitutional. Interrupting the assistant attorney general, Superior Court Judge Mary… Continue Reading

Reviewing the “2% Cap” Under New Jersey’s Interest Arbitration Statute

Posted in Contract Interpretation, Contract Negotiations, Interest Arbitration, Public Employment Labor Law, Uncategorized
It has been quite a while since we have provided our readers with information related to the legal issues surrounding New Jersey  Public Safety Officers.  With that being said, we believe it is now very important to provide an overview or a “re-cap” of the New Jersey 2% Salary Cap under the Current Interest Arbitration… Continue Reading

NJ.Com Editorial Calls for Renewal of the 2% Salary Cap–In Our Opinion, It Has To Go

Posted in Contract Interpretation, Contract Negotiations, Interest Arbitration, Pay and Overtime, Public Employment Labor Law
 A recent editorial published on NJ.Com calls for Assembly Speaker, Vincent Prieto (D-Hudson County) to renew the two percent (2%) salary cap on interest arbitration awards for law enforcement officers and firefighters that is set to expire on April 1, 2014.   The editorial stated that the 2% cap had to be put in place… Continue Reading

Grievance Arbitration Award Affirmed

Posted in Contract Interpretation
  On October 21, 2009, the Appellate Division decided Township of Irvington v. Irvington P.B.A. Local 29, Docket No.: A-0152-08T1. In the case, the Township of Irvington appealed from Law Division orders of April 13, 2007 and July 25, 2008 that respectively confirmed an arbitration award and supplemental arbitration award rendered in arbitration proceedings resulting… Continue Reading

Unions’ Grievances Regarding Employer’s Change in Benefit Plans Subject to Arbitration

Posted in Contract Interpretation
  On July 2, 2009, the United States Court of Appeals for the Third Circuit decided United Steel v. E.I. Dupont de Nemours and Company, No. 08-1911. In two consolidated cases, Plaintiffs are unions who were seeking to compel Defendants, employers of the unions’ members, to arbitrate Plaintiffs’ grievances about unilateral changes the Defendants made… Continue Reading

Arbitrator Decision Reinstated

Posted in Contract Interpretation
  On June 23, 2009, the Appellate Division decided New Jersey Transit Corporation v. P.B.A. Local 304, Docket No.: A-3341-07T3. In the case, PBA Local 304 (“PBA”) appealed from an order of the Chancery Division, General Equity Part, overturning an arbitration award that declared that New Jersey Transit (“NJT”) police officers who are transferred involuntarily… Continue Reading

Arbitrator’s Decision Remanded for Clarification on Timeliness Issue

Posted in Contract Interpretation
On May 4, 2009, the Appellate Division decided City of Clifton v. Clifton P.B.A. Local #36, Docket No.: A-4806-07T3. In the case, Defendant, Clifton P.B.A. Local #36, appealed from a trial judge’s decision vacating an arbitrator’s award of thirteen (13) shift differential (SD) days to police detectives.  The trial judge ruled that, in a case… Continue Reading

Retirees Not Entitled to Collective Bargaining Unit Representation Under The New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-1 et.seq

Posted in Contract Interpretation, Retiree Benefits
In the case of Grasso v. Fraternal Order of Police, Glassboro Lodge No. 108, 33-2-1617, the Superior Court of New Jersey, Appellate Division, held that under the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-1 et.seq, the Defendants owed no duty to the Plaintiff to represent him in a dispute with the Borough of Glassboro due to his… Continue Reading

Constitutionality of Paid Convention Leave Statutes Challenged

Posted in Contract Interpretation, Contract Negotiations
On September 11, 2008, the New Jersey Law Enforcement Supervisors Association (“NJLESA”) and New Jersey Law Enforcement Commanding Officers Association (“NJLECOA”), jointly filed a lawsuit in the Superior Court of New Jersey, Law Division, Mercer County against the State of New Jersey challenging the viability of N.J.S.A. 11A:6-10 and N.J.A.C. 4A:6-1.13, the provisions of New… Continue Reading

Minor Disciplinary Charges Challenged in the Superior Court of New Jersey

Posted in Contract Interpretation, Public Employee Discipline
The Superior Court of New Jersey, Law Division, Passaic Vicinage, (DeLuccia, J.S.C.) recently interpreted a collective bargaining agreement (CBA) pertaining to discipline in the case of Whitaker v. Passaic County Sheriff’s Department, 33-3-139.  In this case the Plaintiff appealed her right to challenge minor disciplinary charges which were previously dismissed for alleged failure to exhaust administrative remedies under the CBA.  Instead… Continue Reading
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