One of the mechanisms that law enforcement officers and unions have at the negotiations table is the characterization of or “free agent” mentality. In simple terms, this refers to an individual officer’s ability to transfer or seek employment with another agency that is offering better wages, benefits, and employment conditions. When this occurs, however, employers
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OPRA: A Useful Tool in Contract Negotiations
In collective negotiations, union are always looking for ways to increase their leverage at the negotiating table. One of the ways to do so is to have access to all the relevant information you need, whether it be financial documentation, comparable contracts, relevant policies, or staffing information. However, obtaining this information can sometimes seem like…
Pre-Existing Injuries: Not An Automatic Disqualifier for Accidental Disability Retirement Benefits
One of the most common misconceptions is that suffering from pre-existing diseases and/or conditions is an automatic disqualifier from receiving accidental disability retirement benefits. Nevertheless, many applications for accidental disability retirement benefits are denied by the various pension boards due to an employee’s total and permanent disability being attributable to a pre-existing disease or condition.
The Effect of Pending Charges or Lawsuits on Disability Retirement Applications
When filing an application for disability retirement benefits with any of New Jersey public employee pension systems, there are a myriad of considerations that must be taken into account and certain pitfalls that can occur along the way. One of the considerations and/or pitfalls that must be considered is whether a member has any active…
Your Application for Disability Retirement Was Denied…Now What?
As indicated in our post last week, deciding whether to utilize an attorney when filing for application for disability retirement benefits is an important initial consideration. Many individuals utilize the services of an attorney, while others do not. Nevertheless, many applications for disability retirement are routinely rejected by a Board of Trustees of a pension…
Supreme Court Reaffirms “Reasonably Debatable” Standard In Reviewing Arbitration Awards
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…
Under New Bill, NJ Police Officers, Firefighters Can Retire Early
As reported by NJ.com, nearly 8,000 New Jersey Police Officers and Firefighters with twenty (20) years of service can now retire early under a bill signed into law on Monday. The legislation, S107, known as the “burnout bill,” allows public safety workers who reach twenty (20) years of service within the next two years…
Plan for Billions in Borrowing to Avert Public Worker Layoffs Clears NJ Assembly
As reported by NJ.com, a plan offered by Governor Phil Murphy for New Jersey’s state government to make up for massive losses in tax revenue with up to $14 billion in borrowing passed the State Assembly yesterday, but still lacks support from State Senate President Stephen Sweeney. The measure cleared the lower house in…
Senate Passes Bill To Pay Benefits of First Responders Who Die of Coronavirus
As reported by NJ.com, legislation to automatically pay federal death benefits to first responders who die of the coronavirus unanimously passed the United States Senate yesterday. The measure removes the requirement that families of police officers, firefighters and emergency medical technicians have to prove that the first responder was infected while on the job…
Law Enforcement Officers Should Be Compensated for COVID-19 Temperature Checks Taken at The Start of The Workday
On account of the COVID-19 outbreak, many employers are requiring employees submit to temperature checks prior to entering the place of employment or their specific job. For New Jersey Public Safety Officers, this is no different. To this end, the State of New Jersey and many counties, towns, and municipalities are requiring officers submit to…