As reported by trentonian.com, New Jersey’s state government unions are up against more than a combative Governor Chris Christie going into contract negotiations. They are up against numbers regarding their salary, which were recently released and could complicate their efforts to rally public opinion to their side.

More than 17,000 union represented state employees have salaries of $75,000 or higher. They account for a record 75 percent of total employees in this pay range, including management and patronage employees. Union represented employees now hold 43 percent of jobs paying $100,000 or more, also a record proportion. These Civil Service figures are as of January 1, 2010.

The two biggest of a dozen state employee unions are the Communications Workers of America, representing about 37,000 employees, and the American Federation of State, County, and Municipal Employees (“AFSCME”), bargaining for about 9,900 state workers. Governor Christie has declared himself ready, even eager, to do some hard-nosed negotiations. He served notice at a recent town meeting that unions should not expect him to join them in “holding hands” around the bargaining table and singing “Kumbaya.”

Union representatives have no such expectations. “We’re aware of the [fiscal] situation and public mood,” said one AFSCME member, not authorized to speak for the union and commenting anonymously. “We’re not looking for a sweetheart contract or expecting one. We’re looking for a fair contract, one that doesn’t shift all the burden onto us.”

CWA says it has made concessions previously, contrary to the impression given by the blustery Christie. These concessions included a deferral of a scheduled raise in 2009, the acceptance of a pay cut in the form of uncompensated furlough days, and an agreement to take on a bigger employee share of pension and medical-coverage costs. 

New Jersey’s contract talks open at a time when states face big annual budget shortfalls and massive unfunded long-term liabilities in promised pension and health benefits. New Jersey liabilities by one official calculation surpass $120 billion, four times the annual state budget. Other calculations set the sum even higher.

Wisconsin Governor Scott Walker, a Republican, has positioned himself in the center of America’s public sector labor battle zone. He’s proposing to sharply curtail bargaining parameters, including taking benefits off the table. He also proposed to stop payroll deductions for union dues, forcing the unions to collect their own dues, a potentially crippling blow to them financially. Christie has stopped short of going that far. But, he has drawn the national limelight, alongside Walker, with his union-taunting remarks and stated willingness to go to the mat.

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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.