As reported by the New York Times, On Thursday, March 31, 2011, the State of Ohio passed a law that is more restrictive on the collective bargaining rights of Public Safety Officers than the law that was passed in Wisconsin several weeks ago.  

While both laws severely limit public employees’ ability to bargain collectively — they both prohibit any bargaining over health coverage and pensions — the Ohio law largely eliminates bargaining for the police and firefighters whereas Wisconsin’s law leaves those two groups’ bargaining rights untouched. Ohio’s law also gives city councils and school boards a free hand to unilaterally impose their side’s final contract offer when management and a union fail to reach a settlement.  Implementation of a final offer by management is permitted in private sector collective bargaining but was previously not permitted in the public sector.

Notwithstanding the differences in legislation, the push by those states’ Republican governors and Republican-dominated legislatures points to a pendulum swing away from what many unions and Democrats see as a fundamental right for public employees: the right to bargain over wages and benefits.

While New Jersey’s Governor, Chris Christie, has stated that he does not have any intentions on abolishing Public Safety Officers’ rights to collectively bargain, he has already taken steps to eliminate premium cost sharing of health care benefits as a subject that is mandatorily negotiable.  Furthermore, he has also stated that he is looking forward to engaging in "adversarial" negotiations with public employee labor unions as contracts are now expiring.

To read the entire New York Times article regarding the Ohio law, click here.

 

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Photo of Frank M. Crivelli Frank M. Crivelli

Frank M. Crivelli’s practice revolves around the representation of over eighty-five (85) labor unions in various capacities, the majority of which bargain for law enforcement entities. He is proud to be called on a daily basis to provide counsel to over 12,000 state…

Frank M. Crivelli’s practice revolves around the representation of over eighty-five (85) labor unions in various capacities, the majority of which bargain for law enforcement entities. He is proud to be called on a daily basis to provide counsel to over 12,000 state, county and local law enforcement officers, firefighters and EMS workers.

Mr. Crivelli specializes his individual practice in collective negotiations.  Over the past twenty (20) years, Mr. Crivelli has negotiated well over one hundred (100) collective bargaining agreements for various state, county, municipal and private organizations and has resolved over thirty-five (35) labor agreements that have reached impasse through compulsory interest arbitration.  Mr. Crivelli routinely litigates matters in front of the New Jersey State Public Employment Relations Commission, the New Jersey Office of Administrative Law, third party neutrals for mediation, grievance and interest arbitration, the Superior Court of New Jersey and the United States District Court for the District of New Jersey.

Mr. Crivelli founded and created the New Jersey Public Safety Officers Law Blog (www.njpublicsafetyofficers.com) approximately fifteen (15) years ago where he and members of his firm routinely publish blog posts regarding legal issues related to the employment of New Jersey Public Safety Officers.  The blog now contains over six hundred (600) articles and is reviewed and relied upon by thousands of public employees.  Mr. Crivelli has also published books and manuals pertaining to New Jersey Public Employee Disability Pension Appeals and the New Jersey Worker’s Compensation System. Currently, he is drafting a publication on how to Prepare and Negotiate a Collective Bargaining Agreement.  He lectures annually at the New Jersey State PBA Collective Bargaining Seminar, the National Association of Police Organization’s Legal Seminar, the New Jersey Public Employment Relations Commission Seminar on Public Employment Labor Law, the United States Marine Corps’ Commander’s Media Training Symposium and to Union Executive Boards and General Membership bodies on various labor related topics.

Prior to entering private practice, Mr. Crivelli joined the United States Marine Corps where he served as a Judge Advocate with the Legal Services Support Section of the First Force Services Support Group in Camp Pendleton, California.  While serving in the Marine Corps, Mr. Crivelli defended and prosecuted hundreds of Special and General Court Martial cases and administrative separation matters.  In addition to his trial duties, Mr. Crivelli was also charged with the responsibility of training various Marine and Naval combat command elements on the interpretation and implementation of the rules of engagement for various military conflicts that were ongoing throughout the world at that time. After leaving active duty, Mr. Crivelli remained in the Marine Corps Reserves where he was promoted to the rank of Major before leaving the service.

For the past fifteen (15) years, Mr. Crivelli has been certified as a Civil Trial Attorney by the Supreme Court for the State of New Jersey, a certification which less than two percent (2%) of the attorneys in New Jersey have achieved.  He is a graduate of Washington College (B.A.), the City University of New York School of Law (J.D.), the United States Naval Justice School, and the Harvard Law School Program on Negotiation.