In a non-published opinion, the Appellate Division for the Superior Court of New Jersey ruled that the Public Employment Relations Commission’s (PERC) decision to restrain binding arbitration of a grievance filed by PBA Local 105 for the payment of compensatory time off for work performed by essential employees during the 2006 governmental shutdown was lawful. In 2006, under a declaration of emergency, Governor Jon Corzine shut down the operation of the State of New Jersey due to the government’s failure to agree upon an operating budget. In the case of State of New Jersey Department of Corrections v. PBA Local 105, 32-2-0507, a ruling from PERC upholding a Scope of Negotiations petition filed by the State of New Jersey concerning the union’s inability to grieve essential employee compensation under N.J.A.C. 4A:6-2.5(d) was reviewed. Under New Jersey labor law, employees may only grieve alleged negotiated contractual violations that have not been previously legislated by the State of New Jersey. 

In this instance, the Appellate Court found that under N.J.A.C. 4A:6-2.5(d), the New Jersey Department of Personnel left no doubt that any compensation originating from a declaration of emergency is determined by statute under subsection 4A of the New Jersey Administrative Code. Therefore the payment of compensatory time off during a state of emergency was preempted from negotiations and not grievable. The bottom line is if you are deemed an essential employee and you are called in to work during an emergency while all non-essential personnel are home enjoying the day off, you will get compensated at your regular rate of pay, and no more.

Tags: Contract Negotiations, Grievance, Scope of Negotiations
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Photo of Frank M. Crivelli Frank M. Crivelli

Frank M. Crivelli’s practice revolves around the representation of over eighty-five (85) labor unions in various capacities, the majority of which bargain for law enforcement entities. He is proud to be called on a daily basis to provide counsel to over 12,000 state…

Frank M. Crivelli’s practice revolves around the representation of over eighty-five (85) labor unions in various capacities, the majority of which bargain for law enforcement entities. He is proud to be called on a daily basis to provide counsel to over 12,000 state, county and local law enforcement officers, firefighters and EMS workers.

Mr. Crivelli specializes his individual practice in collective negotiations.  Over the past twenty (20) years, Mr. Crivelli has negotiated well over one hundred (100) collective bargaining agreements for various state, county, municipal and private organizations and has resolved over thirty-five (35) labor agreements that have reached impasse through compulsory interest arbitration.  Mr. Crivelli routinely litigates matters in front of the New Jersey State Public Employment Relations Commission, the New Jersey Office of Administrative Law, third party neutrals for mediation, grievance and interest arbitration, the Superior Court of New Jersey and the United States District Court for the District of New Jersey.

Mr. Crivelli founded and created the New Jersey Public Safety Officers Law Blog (www.njpublicsafetyofficers.com) approximately fifteen (15) years ago where he and members of his firm routinely publish blog posts regarding legal issues related to the employment of New Jersey Public Safety Officers.  The blog now contains over six hundred (600) articles and is reviewed and relied upon by thousands of public employees.  Mr. Crivelli has also published books and manuals pertaining to New Jersey Public Employee Disability Pension Appeals and the New Jersey Worker’s Compensation System. Currently, he is drafting a publication on how to Prepare and Negotiate a Collective Bargaining Agreement.  He lectures annually at the New Jersey State PBA Collective Bargaining Seminar, the National Association of Police Organization’s Legal Seminar, the New Jersey Public Employment Relations Commission Seminar on Public Employment Labor Law, the United States Marine Corps’ Commander’s Media Training Symposium and to Union Executive Boards and General Membership bodies on various labor related topics.

Prior to entering private practice, Mr. Crivelli joined the United States Marine Corps where he served as a Judge Advocate with the Legal Services Support Section of the First Force Services Support Group in Camp Pendleton, California.  While serving in the Marine Corps, Mr. Crivelli defended and prosecuted hundreds of Special and General Court Martial cases and administrative separation matters.  In addition to his trial duties, Mr. Crivelli was also charged with the responsibility of training various Marine and Naval combat command elements on the interpretation and implementation of the rules of engagement for various military conflicts that were ongoing throughout the world at that time. After leaving active duty, Mr. Crivelli remained in the Marine Corps Reserves where he was promoted to the rank of Major before leaving the service.

For the past fifteen (15) years, Mr. Crivelli has been certified as a Civil Trial Attorney by the Supreme Court for the State of New Jersey, a certification which less than two percent (2%) of the attorneys in New Jersey have achieved.  He is a graduate of Washington College (B.A.), the City University of New York School of Law (J.D.), the United States Naval Justice School, and the Harvard Law School Program on Negotiation.

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