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PERC RULES THAT CIVIL SERVICE REGULATIONS DO NOT PREEMPT COMPENSATORY TIME PROPOSALS  

The Public Employment Relations Commission (PERC) in State of New Jersey and New Jersey Investigators Association, Fraternal Order of State Police Lodge 174, P.E.R.C. No. 2009-4, recently held that a compensatory time proposal made by the union is not preempted by Civil Service regulations and may be considered by an interest arbitrator for inclusion in a successor collective negotiations agreement. Click Here to read Full Article


FIRM WINS LANDMARK RETIREE HEALTH BENEFITS CASE

The question raised in a recent arbitration for South Amboy PBA Local 63, was whether retirees have the right to continue the level health benefits they had on the day they retired. In a strong decision in favor of the PBA, an Arbitrator appointed by the Public Employment Relations Commission determined that retiree benefits were vested or “frozen” as of the day they retired. The arbitrator further ruled that the employer could not decrease the level of benefits for retirees in any way, required the City to  reimburse the retirees for all of their out of pocket costs and to reinstate the prior level of retiree health benefits. Click Here to read Full Article

 

APPELLATE DIVISION UPHOLDS A LAW ENFORCEMENT OFFICER’S RIGHT TO A HEARING PRIOR TO TERMINATION

(The names of the parties are being withheld so as not to prejudice ongoing litigation)

The New Jersey Superior Court Appellate Division upheld an officer’s right to a departmental disciplinary hearing before the officer can be terminated from employment.  In this case, the officer was terminated immediately when the employer was informed by a potential employer that the officer tested positive for an illegal substance when applying for the new position.  Relying upon the Attorney General’s Law Enforcement Drug Testing Policy, the employer did not investigate the allegation, file any disciplinary charges, or provide a disciplinary hearing. Click Here to read Full Article


PERC RULES THE FAIR LABOR STANDARDS ACT DOES NOT PRECLUDE NEGOTIATIONS OF OVERTIME PAY

The firm recently obtained a favorable decision from the New Jersey Public Employment Relations Commission (“PERC”) in Atlantic County Prosecutor’s Office and Atlantic County Prosecutor’s Superior Officers, PBA Local 77, 34 NJPER ¶ 52 (2008).  In this case, the employer filed a Petition for a Scope of Negotiations Determination seeking to restrain the arbitration of the PBA’s grievance challenging that members had not been paid the appropriate overtime compensation. Click Here to read Full Article