As reported by nj.com, labor leaders in New Jersey, still licking their wounds after losing a fight over pension and health benefits in the Democratic Legislature last month, are being told a new anti-union bill does not stand a chance. 

The leader of the state Assembly told The Associated Press that New Jersey won’t become a battleground over allowing public and private sector workers with union shops to opt out of joining or paying dues. “This legislation is dead on arrival,” Assembly Speaker Sheila Oliver said of the right-to-work bill introduced last week. “This type of move may play elsewhere, but, quite simply, this anti-worker bill will see the light of day.”

There are 22 right-to-work states, where labor unions can’t force workers to be members or pay dues. Most are in southern and western states, but they’re gaining interest in other places, especially states where Republicans control the Legislature and the governor’s office. In all, 42 right-to-work bills are pending in 24 states, according to the national Conference of State Legislatures.  

“It really weakens unions, that’s what it’s designed to do,” said Jeffrey Keefe, an associate professor at Rutgers University’s School of Management and Labor Relations, who has been watching as momentum ebbs and flows for a technique many view as undercutting organized labor’s influence. “Union dues is another name for tax. Could we imagine the quality of our school system and fire departments if paying taxes was voluntary?”

New Jersey’s bill would affect public workers. The sponsor of the right-to-work measure, Assemblyman Declan O’Scanlon, doesn’t view his legislation as piling on. Still, he quietly introduced the bill prohibiting union dues from being deducted from the paychecks of public employees amid the distraction of a scathing partisan battle over the state budget.

O’Scanlon said workers who believe they benefit by forcing employers to pay them more are mistaken. He said the opt-out legislation helps control building costs and, therefore, encourages economic growth. It also fits with Governor Chris Christie’s anti-union mantra.

Christie, who’s become a national GOP icon known for tough talk and fiscal restraint, has been unrestrained in his criticism of unions, particularly the state’s powerful public teachers union. The New Jersey Education Association, which recently spent $2 million in six weeks on anti-Christie ads, has been the recipient of many a Christie tirade, often for spending union dues teachers are required to pay to finance favored candidates or attack political foes.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
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.