Updated: March 7, 2017
STATE WORKER BARGAINING UPDATES
CWA NJ Executive Branch Contract Negotiations Update - March 7, 2017
On Thursday, December 1, a three judge Appellate Division panel issued a unanimous decision rejecting the attempt by the Civil Service Commission to eviscerate the the requirement that promotions in the career service be based on merit and fitness....
Statement to CWA Members on the IFPTE Local 195 Tentative Agreement
NJ Executive Branch Bargaining Report June 28, 2016
March 18th, 2016
Unions Win Increment Decision Governor Christie Likely to Appeal
In a strongly-worded rebuke of Governor Christie’s pro-management-packed Public Employee Relations Commission, an appeals court found on March 9 that PERC overstepped its authority when it reversed over 30 years of labor relations policy in two decisions that permitted management to stop paying automatic increments after the expiration of a contract.
In a decision involving Atlantic County, PERC disavowed what is called the “dynamic status quo” doctrine and ruled that the County’s decision not to pay salary/step increments was not an unfair practice. In a related decision involving Bridgewater Township, PERC ruled that payment of salary/step increments after contract expiration is no longer subject to negotiations and that an agreement to pay those increments is not enforceable in arbitration.
The appellate court reversed PERC on both counts. The court ruled that PERC’s two decisions were outside its legislative mandate. The court noted that the 2% tax levy cap and the 2% interest arbitration award cap did not extend to increments and that PERC did not have the authority to do what the Legislature chose not to do. Finally, the court stated that PERC undermined the parties’ legitimate expectations based on their negotiations and their contracts.
If the Supreme Court does not agree to review an appeal of this decision, or if the Court upholds the 3 to 0 published decision by the Appellate Court, all increments will have to be paid retroactively.
Either Atlantic County, Bridgewater or PERC may file a petition asking the New Jersey Supreme Court to review the cases. A petition must be filed within 20 days.
Stay tuned for updates
The court decision can be found on the Judiciary’s website:
http://www.judiciary.state.nj.us/opinions/a2477-13a0107-14.pdf LINK IS DEAD
Posted: Sept 13th, 2015
New Jersey Executive Branch Bargaining Report 9/9/2015
Posted: Sept 10th, 2015
CWA and other unions have filed suit in the State's failure to pay increments after expiration of the agreement.
Oral argument is scheduled for October 13.
Posted: July 1st, 2015
New Jersey Executive Branch Bargaining Report 7/1/2015