As reported in the Trentonian on October 15, 2010, a battle is brewing at the Statehouse over whether to cap salary increases for public employees who cannot strike. Various mayors want arbitration-awarded salary and benefits increases for police and firefighters capped at 2 percent to help them control property taxes, but union officials say the ceiling would mean wage givebacks once health care costs are factored in.

The bill is part of Governor Christie’s reform agenda and includes making the arbitration process more favorable to municipalities. The Governor signed a law limiting property tax increases to 2 percent a year beginning in January. Many mayors called the bill the “centerpiece” of Governor’s Christie’s plan. Without it, they say they will have to cut services to lower costs because a large portion of the 2 percent increase get eaten up by salaries for police and firefighters.

Unions have responded by indicating the arbitration process works and that without it, police would be taking an annual pay cut. Anthony Wieters, president of the 30,000 member State Policemen’s Benevolent Association, told lawmakers that binding arbitration, whereby an independent arbitrator settles contract disputes involving police and firefighters who are not allowed to strike, has been demonized by misconceptions. For example, he said arbitrators are already required to consider a town’s ability to pay before deciding public employees’ wage increases. Wieters also indicated that mayors were eager to “scapegoat arbitration as the boogeyman of property taxes.”

Bill Lavin, president of the Firefighters Mutual Benevolent Association, also testified, calling the cap artificial and politics-driven. “Firefighters and police officers have continued to responsibly negotiate in good economies and bad. They’ve accepted wage freezes and have reorganized active contracts to give relief to municipal governments,” he said. ‘Many local fire unions have, in fact, agreed to multiple-year wage freezes.” 

Please continue to check this blog periodically to ascertain the status of this bill’s progression. Needless to say, such a bill would have a severe and detrimental impact upon New Jersey public safety officers throughout the State of New Jersey.

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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.