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
nj labor law
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…
Defense to Lawsuit Arising Out of Action During Side-Business Not Subject to Reimbursement
On March 16, 2009, the Appellate Division decided Siaw v. Valenzuala. In the case, Defendant Diomedes Valenzuala, a police officer, appealed from the judgment of the trial court denying his claims against his former employer, the Township of Irvington, for indemnification pursuant to N.J.S.A. 40A:14-155 in connection with his defense of a lawsuit against…
Freedom of Association Claim Permitted to Go Forward
On February 3, 2009, the United States Court of Appeals for the Third Circuit decided the case of LaPosta v. Borough of Roseland. In the case, plaintiff, Joseph LaPosta, a police officer, alleges Defendants, the Borough of Roseland and its Police Chief, retaliated against him after he attempted to join a police organization of which…
Police Promotion Discrimination Suit Dismissed
On February 9, 2009, the United States District Court for the District of New Jersey decided the case of Martin v. City of East Orange. In the case, plaintiffs, two police officers, alleged that in failing to promote them in 2003, when officers ranked below them were recommended for promotion, although not promoted, the defendants…
Blanket Strip Searches of Non-Indictable Offenders, Performed Without Reasonable Suspicion Are Unconstitutional
In the matter of Florence v. Board of Chosen Freeholders of the County of Burlington, Civil Action No. 05-3619, the United States District Court, District of New Jersey, addressed the issue of strip searches of non-indictable offenders.
Plaintiffs consisted of a certified class to include all arrestees charged with non-indictable offenses, which were…
Court Knocks Down Sign Ordinance that Banned Giant Rat Balloon at Labor Rally
On February 5, 2008, in State v. DeAngelo, Docket No. A-73-07, the New Jersey Supreme Court held that a municipality violated free speech rights by banning temporary signs on public streets, including a 10-foot high inflatable rat at a labor protest. This case was the subject of a previous blog entry wherein our…