As reported by app.com on February 23, 2011, New Jersey Governor Chris Christie, who gained a national reputation fighting the state’s teachers and public employee unions, said that organized labor should have collective bargaining rights. One day after proposing a new state budget that requires public employees to pay more for pension and health benefits, Christie told MSNBC’s Joe Scarborough that he supports “responsible” collective bargaining, but quickly added, “We haven’t had that in New Jersey.”

Christie’s comments come as Wisconsin Governor Scott Walker attempts to limit collective bargaining to help balance the state’s budget. Walker’s proposals have upended Statehouse operations there. A solidarity protest is planned outside the New Jersey Statehouse on February 25, 2011.

Christie, a Republican who has accused his Democratic predecessor of being too lenient with state workers, said he does not think the bargaining process should be polite. “It should be an adversarial situation,” he said. “Somebody should be representing the taxpayers.”

Former New Jersey Governor Jon Corzine, a Democrat, negotiated state worker givebacks including an 18-month wage freeze and furlough days. Union workers’ contracts expire in June and leaders of the state’s largest union, the Communication Workers of America, say Christie has yet to meet with them. Even if Christie favored ending collective bargaining, he would not get support from the Democratic majority in the Legislature, especially not in 2011, when all 120 legislative seats are up for re-election.

Labor leaders also were vocal in opposing Christie’s efforts to privatize toll collections on the New Jersey Turnpike and Garden State Parkway. Christie’s second budget assumes millions in savings from privatizing certain, unspecified services and agencies. A task force told the governor in July that New Jersey could save $200 million a year by privatizing toll collections, prison food and medical services and other government services.

There are about 450 full-time and 175 part-time toll collectors on the Turnpike and Garden State Parkway. Longtime toll collectors earn an average of $65,000 a year. Toll collectors protested on February 23, 2011 outside the Turnpike Authority offices in Woodbridge. Union leaders say the administration is moving forward with its plan even after the union offered $16 million in wage and benefits concessions. A private contract could be awarded as early as April.

Prior efforts to privatize government functions have not always gone well in New Jersey. Long lines, frustrated customers and wasted millions resulted in a previous attempt to privatize motor vehicle inspection facilities.

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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.