Petitions for Interest Arbitration are Increasing as Municipalities Tighten Their Belts

Jerry DeMarco, a reporter with the website www.examiner.com has reported that significantly more police unions around the state are turning towards interest arbitration as a means to settle their contract due to the hard line stance that many municipalities and county governments have taken during negotiations.

DeMarco reported that the average salary increase for arbitration awards dipped slightly last year, to 3.73 percent from 3.77 percent, according to the New Jersey Public Employee Relations Commission (PERC). Furthermore, salary increases from voluntary settlements averaged 3.92 percent, down from 3.97 percent in 2007. PERC records show that in Northern New Jersey, nearly a half-dozen awards made by arbitrators this year average 3.92 a year in their overall impact on police salaries over the life of the contracts.

The article further reports that a long-running contract dispute in Englewood, New Jersey, finally ended in December, with police getting a 4% hike for 2007 through 2009, and a 3.8% increase for 2010. Fort Lee police, similarly, got 4%for 2007 and 2008 and 3.5%for 2009 and 2010.  North Arlington police, who filed for arbitration nearly a year ago, were awarded 15.25%over four years in September, 2008.

Interest arbitration is always a viable option for dispute resolution when public safety unions reach an impasse with their governmental employers. The Police and Fire Public Interest Arbitration Reform Act is the statute that governs interest arbitration within the state of New Jersey; and should a public safety collective bargaining unit make the decision that contract negotiations have reached an impasse, this act will be the controlling piece of legislation in the arbitration process. 

Prior to filing for interest arbitration, it is advisable that the union’s executive board familiarize themselves with the Police and Fire Public Interest Arbitration Reform Act, and the criteria that is utilized by arbitrators in issuing an award. Furthermore, the collective bargaining unit should ensure that they do not walk into the arbitration process alone. It is imperative that they consult with and hire competent counsel prior to the initiation of the petition for interest arbitration.

 

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

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 status of not being an "employee" as defined under the act.

Grasso initially filed suit against the Borough of Glassboro for their failure to reimburse him for Medicare Part B. premiums pursuant to a collective bargaining agreement.  Some time during the suit Grasso called on the FOP for representation as the matter dealt with an issue related to the collective bargaining agreement.  The FOP declined representation of Grasso, and following his success in the underlying action against the Borough, Grasso then moved against the FOP for their failure to represent him.

The Appellate Panel affirmed the Trial Court's decision to grant Summary Judgment in favor of the FOP due to the fact that Grasso can not be considered an employee under the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-1 et.seq

This case is important to both collective bargaining units and retired Public Safety Officers alike as it clearly defines the roles and responsibilities of each party under the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-1 et.seq