As reported by nj.com, a security decision by State Police to turn union members away from the Statehouse hours before the Senate went into session was criticized as unfair by a key lawmaker and public employee unions. About 50 public employee union members trying to participate in a lobbying day never got inside the Statehouse on March 21, 2011, which was the third day of collective bargaining meetings between Communication Workers of America, the state’s largest union, leaders and Governor Chris Christie’s office.

It is not unusual for groups to flood the Statehouse halls and meet with their individual representatives and talk to others in the hallways. It was the first time CWA political director Bob Master encountered a problem with members passing security. “This came as a complete surprise, and they dug out this policy from 1997, which no one had ever seen before,” Master said. “It seems like a systematic effort to prevent people from engaging in the democratic process.” 

People were delayed entering the building because they were headed to packed areas, said State Police spokesman Sgt. Stephen Jones. “We are in charge of the security of that building, and we’re only going to do things in the interest of that security,” Jones said. “There was no attempt to stifle any opinion or keep any group out. We’re only concerned with the security and safety of those in that building.” When someone enters the Statehouse, State Police require a destination be designated. When a large number of CWA members all gave the same destination, police stopped the group when the room’s maximum occupancy was reached, Jones said.    

Senator Loretta Weinberg questioned whether the size of the group, estimated by union officials at about 150, came close to creating any safety concerns, adding that the Statehouse has been filled with many more people on other days. Weinberg said she suspects someone told State Police to turn the union members away, but she does not know who was behind the restrictions. She added that she hopes legislation or a resolution is not needed to prevent a similar event from happening again. “I feel very passionately about this, the Statehouse is owned by the people,” Weinberg said. “I would never recommend to anyone that you try to control public opinion by controlling the public.”

Christie spokesman Michael Drewniak said his office was not aware of the issue and no directive had come from the administration to turn people away. “I don’t think anybody should be turned away from the Statehouse, but we leave security decisions up to the State Police,” Drewniak said.

Tags: Articles, collective bargaining, CWA, Governor Christie, NJ Public employee unions, NJSP, security, Statehouse
Print:
Email this postTweet this postLike this postShare this post on LinkedIn
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.

Read more about Donald C. Barbati
Show more Show less