As reported in the Trentonian on October 19, 2010, New Jersey lawmakers failed to reach an agreement with the Governor’s office over how to ensure that police and firefighters’ raises are based on economic conditions in the towns where they work without trampling on their right to negotiate contracts.

Governor Chris Christie has been pushing for a 2 percent cap on annual salary and benefits increases for police and firefighters to help municipalities budget within a 2 percent cap that goes into effect January 1, 2010. Many mayors support the cap on arbitration awards, but police and firefighter unions are bitterly opposed. Unions indicate annual increases in health care costs would more than eat up the 2 percent increase.

Assembly Budget Committee Chairman Lou Greenwald emerged after about two hours in the office of the Governor’s counsel saying talks were continuing. “We’re going to talk throughout the night,” Greenwald said. “I think we had a productive conversation. I do not think we’re far away in our baseline numbers.”

Christie, a Republican, has made arbitration reform a centerpiece of his property tax stabilization efforts. He’s also identified changes in affordable housing rules, eliminating some state-imposed costs to towns and allowing towns to opt out of civil service rules for hiring workers as key components of his agenda.

Since police and firefighters are prohibited from striking, their contract disputes are settled by an arbitrator. Towns have been complaining that the process favors public workers. They say contract awards greater than 2 percent will force them to cut services elsewhere, unless changes are made.

Greenwald’s bill would require an arbitrator to resolve contractual impasses by selecting among “fair and final” offers submitted by each party in the dispute. It would also change the way arbitrators are selected. A competing bill, by Republican Assemblyman Declan O’Scanlon of Monmouth County, mirrors the Governor’s proposal for a 2 percent cap on salary and benefits increases, and prohibits either side from proposing more.

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Photo of Donald C. Barbati Donald C. Barbati

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.