As reported by nj.com, Governor Chris Christie began bargaining over health benefits for state employees this week, according to a memo sent out to members of the Communications Workers of America obtained by the Star-Ledger.

Christie has been adamant for months that he would obtain changes to employee health benefits through legislation. The new offer, similar to the one he publicly proposed that would require state employees to pay 30 percent of the cost of the insurance premium, came when his staff sat down to negotiate with the CWA, the largest public employee union, on Thursday, according to the memo. The new offer also would allow the state to change the cost of employee co-pays for the life of the four-year contract.   

The CWA has filed a complaint with the Public Employment Relations Commission alleging violations of state employment law when Christie refused to negotiate over health benefits. That complaint is still pending.

“This kind of proposal is regressive and hurts lower paid workers and families,” the memo states. “However, we will continue to bargain health care according to our principles of affordability and maintaining quality care. Now that there is finally a proposal from the state, we will press for real bargaining to take place.”

Christie spokesman Kevin Roberts said they continue to push for legislation to change health benefits. “In keeping with the ongoing collective bargaining process, the Administration presented its proposals on economic issues that are subject to negotiation,” Roberts said in an email. “Gov. Christie’s position is clear on the issue of health benefits reform-bipartisan legislation to accomplish comprehensive changes and achieve savings for taxpayers is the only way real reform of the system will happen. We will continue to work with the Legislature to that effect.”

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DONALD C. BARBATI, JR.

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.