Gavel Slam

As reported in NJ.Com, a New Jersey appeals court Thursday struck down controversial changes Governor Christie’s administration unilaterally made to the state’s civil service system.  The Appellate Division on the New Jersey Superior Court stated in its decision that the state’s Civil Service Commission was wrong to push forward with the “job-banding” changes over the objections of the state Legislature, which voted numerous times to invalidate the regulations.

The ruling is a victory for the Legislature’s Democratic leaders and a pair of public-worker unions: the Communications Workers of America and the International Federation of Professional & Technical Engineers, Local 195. All of them sued to reverse the changes.

Christie’s administration could carry on the fight by petitioning the State Supreme Court to take on the case. Leland Moore, a spokesman for the state attorney general’s office, said the office is “reviewing the decision” and declined further comment.

Under the rule changes made by the Christie administration, the Civil Service Commission was allowed to group some positions together as part of “job bands,” allowing managers to promote workers without the need for competitive exams. State officials said the goal was to save money and make the process more flexible.

But union leaders, Democratic lawmakers, and other critics of the Republican governor, said the new rules would open the civil service system up to the kind of political patronage, nepotism, and discrimination it was created to guard against.

The Legislature passed numerous resolutions in 2013 and 2014 to invalidate the changes, saying they violated the legislative intent of the state constitution. But the Civil Service Commission — whose members are appointed by Christie — made minor amendments each time to keep the new rules alive.

But writing for the appellate panel, Judge Douglas Fasciale said the Legislature  “validly exercised its authority” and that the commission’s amendments “consistently ignored the Legislature’s steadfast substantive objection to job banding without competitive promotional examinations.”

This is yet another decision striking down the one sided policy initiatives instituted by the Christie Administration against public employees.  Inauguration Day, 2018 can’t get here soon enough.

Tags: Appellate Division, Christie, civil service commission, collective bargaining, CWA, Governor Christie, job banding, Judge Douglas Fasciale, New Jersey Superior Court Appellate Division, Public Employment Labor Law
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Photo of Frank M. Crivelli Frank M. Crivelli

Frank M. Crivelli’s practice revolves around the representation of over eighty-five (85) labor unions in various capacities, the majority of which bargain for law enforcement entities. He is proud to be called on a daily basis to provide counsel to over 12,000 state…

Frank M. Crivelli’s practice revolves around the representation of over eighty-five (85) labor unions in various capacities, the majority of which bargain for law enforcement entities. He is proud to be called on a daily basis to provide counsel to over 12,000 state, county and local law enforcement officers, firefighters and EMS workers.

Mr. Crivelli specializes his individual practice in collective negotiations.  Over the past twenty (20) years, Mr. Crivelli has negotiated well over one hundred (100) collective bargaining agreements for various state, county, municipal and private organizations and has resolved over thirty-five (35) labor agreements that have reached impasse through compulsory interest arbitration.  Mr. Crivelli routinely litigates matters in front of the New Jersey State Public Employment Relations Commission, the New Jersey Office of Administrative Law, third party neutrals for mediation, grievance and interest arbitration, the Superior Court of New Jersey and the United States District Court for the District of New Jersey.

Mr. Crivelli founded and created the New Jersey Public Safety Officers Law Blog (www.njpublicsafetyofficers.com) approximately fifteen (15) years ago where he and members of his firm routinely publish blog posts regarding legal issues related to the employment of New Jersey Public Safety Officers.  The blog now contains over six hundred (600) articles and is reviewed and relied upon by thousands of public employees.  Mr. Crivelli has also published books and manuals pertaining to New Jersey Public Employee Disability Pension Appeals and the New Jersey Worker’s Compensation System. Currently, he is drafting a publication on how to Prepare and Negotiate a Collective Bargaining Agreement.  He lectures annually at the New Jersey State PBA Collective Bargaining Seminar, the National Association of Police Organization’s Legal Seminar, the New Jersey Public Employment Relations Commission Seminar on Public Employment Labor Law, the United States Marine Corps’ Commander’s Media Training Symposium and to Union Executive Boards and General Membership bodies on various labor related topics.

Prior to entering private practice, Mr. Crivelli joined the United States Marine Corps where he served as a Judge Advocate with the Legal Services Support Section of the First Force Services Support Group in Camp Pendleton, California.  While serving in the Marine Corps, Mr. Crivelli defended and prosecuted hundreds of Special and General Court Martial cases and administrative separation matters.  In addition to his trial duties, Mr. Crivelli was also charged with the responsibility of training various Marine and Naval combat command elements on the interpretation and implementation of the rules of engagement for various military conflicts that were ongoing throughout the world at that time. After leaving active duty, Mr. Crivelli remained in the Marine Corps Reserves where he was promoted to the rank of Major before leaving the service.

For the past fifteen (15) years, Mr. Crivelli has been certified as a Civil Trial Attorney by the Supreme Court for the State of New Jersey, a certification which less than two percent (2%) of the attorneys in New Jersey have achieved.  He is a graduate of Washington College (B.A.), the City University of New York School of Law (J.D.), the United States Naval Justice School, and the Harvard Law School Program on Negotiation.

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