As reported by nj.com, with Senate President Stephen Sweeney set to rely on Republican votes to overhaul public employee benefits, the fate of the controversial plan may depend on whether Assembly Speaker Sheila Oliver follows his lead. 

Assembly Democrats met in private and few embraced the Senate President’s plan of combining sweeping changes to public employee pensions and medical benefits into one bill, according to three sources who attended the meeting. The meeting was not called to discuss the issue, but it was raised by members who later voiced opposition about combining both measures into one bill and legislating medical benefits, according to the sources, who requested anonymity because they are not authorized to speak about caucuses.

Oliver has not said what she plans to do. She said in a statement: “The Assembly continues to be increasingly frustrated by the governor’s failure to show leadership and do what he’s supposed to do-negotiate a contract that both protects taxpayers and worker rights.” The lack of Democratic support means Oliver would have to decide whether to move the legislation without the majority support of her party, a political gamble that would come as members prepare for fall elections.

“It would be a historic precedent that needs to be weighed carefully,” said Assemblyman Gary Schaer, who opposes the medical benefit proposals because he says they do nothing to control costs. Assemblyman John Wisniewski doesn’t believe the two proposals can be combined into one bill because the state Constitution requires legislation to have a single purpose. Like others, he said medical benefits should be dealt with at the negotiating table.  Assemblyman Tom Giblin said Democrats should be unified on this issue. “We have always stood up for the working man, and I think we should continue to do that,” he said.

Facing similar odds, Sweeney has lined up a small group of Democratic senators who said they would be willing to join with Republicans to help ensure there is enough votes to pass the bill, according to four sources familiar with the plan. Sweeney is prepared to move the bill for a vote before Memorial Day. Sweeney and Gov. Chris Christie are still negotiating the shape of the final bill, and sources were not briefed on the details being discussed.  

If Sweeney and Oliver move forward without the majority support of their party, they are putting themselves and members at political risk, says Brigid Harrison, a political scientist at Montclair State University. While unions don’t have the political clout they once enjoyed, Christie’s rhetoric combined with labor battles in Wisconsin and Ohio have awakened members who will be mobilized this fall, Harrison said. “Christie has energized a flabby, sleeping giant,” she said.

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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.