As reported by NJ.com, the State’s largest state workers union and three others have joined the lawsuit filed by our office against the Christie administration over its decision to freeze wages for state employees.    Superior Court Judge Mary Jacobson granted motions from the New Jersey Communications Workers of America, New Jersey Superior Officers Association, Fraternal Order of Police Local 174, and the State Law Enforcement Unit to intervene in the suit, bringing the number of state employees involved to approximately 42,000.

The Policemen’s Benevolent Association Local 105 (P.B.A. #105″) and the New Jersey Law Enforcement Supervisors Association (“NJLESA”) filed suit against the State last month for suspending step increases, raises on pay when workers reach annual milestones in years of service, after their contracts expired June 30, 2015.  In the past when previous contracts have expired without a new one in place, workers have continued to receive their step increases, though the State has commonly frozen uniform allowances and vision benefits.

But just before contracts for tens of thousands of state employees were set to expire in June, the Governor’s Office of Employee Relations notified labor unions it would suspend step increases.  The sides are locked in a bitter battle over pensions, and labor leaders have said they’re not in a hurry to negotiate with the State.

In their complaint, P.B.A. #105 and the NJLESA argue the Office of Employee Relations doesn’t have the authority to discontinue the periodic pay increases.  Instead, they contend that only the Civil Service Commission can make changes to compensation.

Please continue to check this blog periodically to ascertain updates regarding this lawsuit as the same has enormous implications for all State employees.  As such, Crivelli & Barbati, L.L.C. is proud to be leading the charge in addressing such an important issue.

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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.