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As reported by NJ.com, the New Jersey Education Association (“NJEA”) and Governor Chris Christie’s administration agreed to hold an information-only meeting on proposed changes to retiree healthcare.  The administration took the teacher’s union to court to compel members who sit on the School Employees’ Health Benefits Commission to attend commission meetings.  They have boycotted recent meetings to block the administration from forcing a vote to move retirees onto Medicare Advantage.

Superior Court Judge Mary Jacobson signed a consent order in which both sides agreed to attend a meeting Thursday “for informational purposes only” at which “the commission shall not conduct or take any vote with regard to any retiree medical plan for (School Employees Health Benefits Plan) current or future retirees or any other substantive matter.”  Jacobson suggested at a hearing last week that the legal spat could have been avoided if the State simply presented the Medicare Advantage proposal at one meeting and held the vote at another.

NJEA President Wendell Steinhauer said in a statement the consent order “means that the state has to answer our questions.”  “We will continue to defend our members’ rights to receive the benefits they have earned,” he continued.  A spokesman from the Attorney General’s Office declined to comment.

The State initially sought for the court to force the members to attend one or more meetings or allow the commission to meet without a quorum.  Assistant Attorney General Jean Reilly told the court that the NJEA’s absence was holding the Medicare Advantage proposal “hostage” and effectively forcing a negative vote.  The NJEA, which represents more than 200,000 members, has accused Christie of refusing to fill a vacant seat aside for a labor representative in an effort to manipulate the vote.  The seat, belonging to a member of the AFL-CIO, has been vacant since August 2015.  The NJEA has also accused the administration of withholding information on Medicare Advantage in addition to arguing that the medical plan adjustment falls outside the commission’s jurisdiction and instead should be before the commission’s plan design committee, which oversees things like copays and deductibles.

Steinhauer said the union will review the information expected to be provided by medical plan consultants Thursday “to determine whether the State’s proposed changes are harmful to members or illegal.”

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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.