New Jersey Public Safety Officers Law Blog : New Jersey Public Safety Employee Lawyer & Attorney : Pellettieri, Rabstein & Altman Law Firm : Workers Compensation, Discipline Representation for Police & Firefighters : New Jersey

As reported by nj.com, four years after a State Police union leader, David Jones, tangled with radio talk show host Craig Carton, the sizzle has long gone out of the feud. Yet, the labor dispute it spawned lives on.

Jones faced a five-day suspension for bringing personal information about Carton to a news conference after the shock jock criticized troopers on his New Jersey 101.5 FM radio show. But Jones never served the suspension, and he filed a labor complaint saying the state was trying to silence him. The complaint has never been acted on by the Public Employment Relations Commission, which handles disputes between labor and management.

In a twist, the complaint has languished for so long that Jones is now a member of the commission with which it was filed. He was nominated by Governor Chris Christie last month. Christine Lucarelli-Carneiro, the commission’s deputy general counsel, said that members routinely recuse themselves from cases in which they have a stake.

The complaint, not yet closed, may never need to reach the full commission, which includes labor and management advocates. Lucarelli-Carneiro said the state and the union indicated early on that the dispute could be settled amicably.

The labor dispute stems from a 2007 feud between Jones, the outspoken president of the State Troopers Fraternal Association, and Carton, an acerbic radio talker who was one of two “Jersey Guys” on 101.5 known for their irreverence. Carton and his co-host, Ray Rossi, accused the State Police of planning a “ticket blitz” to harass motorists. Enraged, Jones called a news conference at the Statehouse to denounce the accusation as false. He brought a piece of paper with Carton’s home address and other personal information.

Jones halted his campaign at the request of State Police Superintendent Rick Fuentes. But the state attorney general at the time, Stuart Rabner, said Jones’ actions were inappropriate and undermined the State Police. Fuentes responded by issuing a five-day suspension to Jones, who wants it rescinded on the grounds that the disciplinary action infringes on his right to represent his union members.

“The wrongful actions taken by the public employer are retaliatory in nature,” the complaint says. ‘The actions are clearly intended to discourage union representatives in the exercise of rights guaranteed by the (New Jersey Employer-Employee Relations Act).”

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On May 16, 2009, the Public Employment Relations Commission (“PERC”) issued a decision in response to certain unfair practice charges and requests for interim relief filed against the State of New Jersey regarding the imposition of unpaid, “furlough” days. 

By way of background, on April 14, 2009, the Communications Workers of America, AFL-CIO (“CWA”), filed an unfair practice charge and a request for interim relief against the State of New Jersey. CWA alleged that the State committed unfair practices proscribed by the New Jersey Employer-Employee Relations Act by: (1) unilaterally imposing a reduction in the work year and compensation of employees represented by CWA by requiring them to take unpaid leave days; (2) failing to negotiate over the effects of the decision to impose involuntary unpaid leave days; and (3) conspiring with the Civil Service Commission to enact temporary layoff rules for the purpose of circumventing the State’s obligation to negotiate over staggered unpaid leave days. The charges alleged that, through these actions, the State repudiated various sections of the collective negotiations agreements it has entered into with CWA and breached its duty to negotiate over terms and conditions of employment in violation of the Employer-Employee Relations Act. Additional charges and requests for interim relief were filed between April 14 and April 29 by other employee organizations representing units of various State employees, including P.B.A. 105.

An order to show cause was executed and the return date was ultimately scheduled on May 14. Once numerous briefs, certifications, and exhibits were filed, all parties appeared on the return date.  After entertaining argument, the Commission Designee Stuart Reichman, in an extensive written opinion, denied the applications for interim relief. The Designee found that where a monetary remedy could normally be issued by the Commission in the event the furloughs were found to constitute an unfair practice, as is the case here, an injunction to prevent the institution of the furloughs is not appropriate because monetary loss does not constitute irreparable harm. As a result, the unfair practice charges will proceed in the normal course. To read the decision in its entirety, download the same from the PERC website.

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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.

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