As reported by nj.com, New Jersey’s battle over benefits could hit a fever pitch today. Thousands of public workers are expected to stage what leaders vow will be their biggest Statehouse protest yet over a controversial bill to force them to pay more for health insurance and pensions. The bill is up for final passage in the Assembly, which would send it to Governor Chris Christie, who is expected to sign it swiftly.

Leading up to today’s battle, a state workers union chapter filed a federal suit against the state saying its contract was broken because pension payments were skipped. Christie pitched the plan where he was booed by some teachers. At a town hall in Fair Lawn, Christie said the measure, a focal point of his agenda, is needed to restore the state’s fiscal balance and ensure the solvency of the pension fund. “We have support with both political parties to do this,” he said. “It isn’t like other states.”

With the passage in the Assembly seeming almost inevitable, one union began what could be the first of several court battles. Local 1033 of the Communications Workers of America filed a lawsuit in federal court claiming the state failed to meet its contractual obligations when it did not contribute to the pension system. Rae Roeder, president of the local 1033, the only CWA chapter that has all its members in the same pension fund, said the members of the union voted to move forward with the lawsuit. The union is also alleging the legislation, which would eliminate cost of living adjustments for retirees, violates federal contract law. The suit asks that full payments be made into the pension fund.

The unions yesterday continued their war of words with Senate President Stephen Sweeney. Hetty Rosenstein, state director for the CWA, contested comments Sweeney made earlier this week that negotiations over the bill fell apart when the union demanded that the content of the health plans be included in the legislation. Sweeney has said the unions were trying to subvert collective bargaining, a charge unions have made against he and Christie.

Rosenstein said the proposal sent to them by Sweeney included no details and was not in writing, putting them in a tough spot to sign on. “This is not anything that any union could accept or that we could do in any fairness to our members,” Rosenstein said. “Somehow we’re supposed to say ‘yes’ to that.”

Tags: Articles, benefit reform, Christie, CWA, CWA 1033, healthcare benefits, healthcare reform, pension benefits, pension reform, Sweeney
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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.

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