As reported in the New Jersey Law Journal, Firefighters Mutual Benevolent Association Local 67 (FMBA #67), filed a grievance against the Borough of Carteret in regard to a staffing issue that the parties had agreed to which was subsequently retracted by the Borough. The case was taken to an arbitration hearing and
Appellate Division
Appellate Division Addressed PERC’s Authority, Security Camera Issues
As reported by the New Jersey Law Journal, the Superior Court of New Jersey, Appellate Division (“Appellate Division”) ruled that the State’s Public Employment Relations Commission (“PERC”) has near-exclusive jurisdiction over labor disputes between public workers and their employers. To this end, the three judge panel stated PERC has “exclusive jurisdiction to decide complaints…
Labor Arbitration Awards: Be Mindful of The Standard of Review
As reported by the New Jersey Law Journal, the Appellate Division recently issued an opinion in the case Policemen’s Benevolent Association v. Camden County Board of Chosen Freeholders, which addressed a challenge to a labor arbitration decision revolving around “bonus vacation days.” In the case, the Union appealed from an Order which dismissed…
NJ Public Employee Involuntary Disability Applications: Notice Must Be Given On Type of Benefits Being Sought
As reported by the New Jersey Law Journal, the Appellate Division recently issued an opinion in the matter Westphal v. Board of Trustees, Police and Firemen’s Retirement System, which addressed certain issues associated with the filing of involuntary disability retirement applications. In the case, the Petitioner, William Westphal, appealed from the Board of…
Court Addresses Failure to Report Off-Duty Misconduct of Fellow Officer
Recently, the Appellate Division issued an opinion in the case New Jersey State Police v. Trooper Brandon Bruns that addressed an officer’s failure to report the misconduct of another off-duty officer. In that case, following an internal investigation, the New Jersey State Police served a charge upon the appellant for his failure to report the…
Appellate Division Addresses 45 Day Rule Argument
Recently, the Appellate Division issued an opinion in the case In the Matter of Sanchez that addressed the applicability of the 45 Day Rule in a removal case. In that case, a police officer, the appellant, appealed his termination for engaging in sexual acts with a civilian in his marked police car while on duty.…
Appellate Division Again Considers Meaning of “Undesigned and Unexpected” in NJ Public Employee Accidental Disability Appeals
The Appellate Division once again the considered the “undesigned and unexpected” standard as it pertains to qualifying for accidental disability retirement benefits in the case of Mason v. Bd. of Trustees, Police and Firemen’s Retirement System. In the case, the appellant alleged she was injured while qualifying with a firearm for her work as…
Christie’s Attempt to Dismantle the NJ Civil Service System through the Initiation of “Job Banding” is Illegal
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…
Correction Officer Hit In Face With Feces Gets New Pension Appeal Hearing
As reported by NJ.com, a State Correction Officer will get another chance to prove he deserves a higher pension due to a fight with an inmate who threw a tray of feces into his face, the Appellate Division ruled. George Garrett will get a new pension board hearing because an administrative law judge did…
Appellate Division Approves Jersey City Firefighter Application for Accidental Disability Benefits
…