As reported by nj.com, East Windsor Township employees fighting to claim an extra paycheck from 2009 emerged victorious this week when an appellate court ruled that the township must pay them the additional wages. In a decision upholding an arbitrator’s ruling, the appellate court found that the seven members of the Teamsters Local Union 676-all non-uniformed police dispatchers and secretaries-were entitled to the extra paycheck that resulted from the calendar that year. Each employee will receive about $1,500 as a result of the ruling.

“We consider it a victory, but it’s a shame it had to go this far,” said Howard Wells, union president. “The arbitrator ruled in our favor, and the township decided to spend money to fight the decision. I don’t know why.  Sometimes people just get it in their gut and they just want to take it on.”

The union sought relief in the appellate court when a trial judge overturned an arbitrator’s ruling that the union members are entitled to the extra pay. The calendar configuration in 2009 created an extra pay period, meaning that township employees who are paid biweekly, received 27 instead of 26 checks. Toa void overpaying its salaried employees, the township opted to divide annual salaries by 27 and issue smaller paychecks than usual each week. 

The township notified its employees of the plan in late 2008. Local 676 objected, saying its members were hourly, not salaried employees, and are entitled to overtime pay. “We expect the township to pay our members their appropriate rate of pay for every day they work,” the union wrote.

When the township proceeded with its plan in 2009, the union filed a grievance that was heard by an arbitrator, who ruled in favor of the union in April 2010. The arbitrator ruled that the employees are hourly, not salaried employees and found that the township violated the union contract by reducing members’ weekly paychecks. 

A trial judge overturned that decision but the appellate court reinstated it, ruling that an arbitrator’s decision will stand as long as it is proven plausible based on the contract.

Tags: Articles, calendar, calendar irregularity, East Windsor, hourly employees, Local 676, paycheck, Teamsters
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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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