As reported by nj.com, irate public employees converged on the Statehouse by the thousands Thursday touting horns, carrying signs, and disrupting a Senate hearing, but the show of force failed to break a legislative agreement overhauling their state health and pension benefits. Union members gathered at the Statehouse steps and clogged a Senate hearing room in an effort to thwart the progress of a bipartisan bill that was worked out Wednesday night between Democrats and Republicans.

There was even an inflatable rat outside the Statehouse annex with a sign on its chest that said, “Pension betrayal.” At one point the police led more than two dozen union workers from the hearing and charged them with disorderly conduct after they locked arms and began shouting “kill the bill” and “workers rights are human rights.”

As the raucous crowd cheered on union leaders and disgruntled Democrats, the Senate Budget and Appropriations Committee absorbed a litany of blistering criticism of the bill and the legislators who support it. The measure, if approved, will force the state’s 500,000 public workers to assume a much larger share of the costs for health care and pension benefits. The labor leaders testified that health benefits should be negotiated, not legislated, and urged the panel to split the measure into separate bills. For four hours, union leaders pleaded in vain with Democratic legislators to vote against the measure, which was approved by a 9-4 vote.

Governor Chris Christie praised the measure Thursday at the annual conference of the New Jersey Association of Counties meeting in Atlantic City. “New Jersey is setting a model for dealing with these problems in an honest, forthright and bipartisan way,” he boasted.

The bill shifts more of the costs of health and pension benefits onto public workers in the form of increased contributions, while also freezing cost of living adjustments for retirees and raising the retirement age. Christie, who helped shape the bill, has said he hoped to save $300 million from health benefit reform, but a state treasury official testified that the bill would only save $10 million. Christie and lawmakers have until June 30 to fill the gap and approve his $29.6 billion budget for the next fiscal year.

The 9-4 vote, which included support from four Democrats, set up a vote by the full Senate on Monday, the same day the Assembly Budget Committee will hold its hearing. If approved, the full Assembly will vote on Thursday. While Democrats control both chambers, a majority of them oppose the bill, so Senate President Stephen Sweeney and Assembly Speaker Sheila Oliver, who accepted the deal much more reluctantly, are relying on Republicans to pass the bill.

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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.