Supreme Court rejects PERC
decision on salary increments
In the March 2016 issue of NJ COPS Mag-
azine, we discussed the Appellate Division’s
decision in the consolidated cases involv-
ing Atlantic County and Atlantic County
Sheriff’s Department Local 243, FOP Lodge
34 and Mainland Local 77 and Bridgewa-
ter and Bridgewater Township Local 174,
which addressed a public employer’s duty
to pay salary step increments after a con-
tract has expired and before a new contract
has been negotiated. The Appellate Division
reversed PERC in a very strong decision and
concluded that a public employer must maintain the status
quo, including salary step increases, until a new agreement is
reached. This unanimous decision was appealed by Atlantic
County and Bridgewater Township, and the Supreme Court
agreed to hear this case.
Not surprisingly, this case drew attention from a number
of public sector unions and employer organizations. The New
Jersey State PBA, represented by our office, appeared in the
case as an amicus and argued for the Supreme Court to af-
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NEW JERSEY COPS
■ AUGUST 2017
firm the Appellate Division’s decision. The
NJ State PBA was joined by a number of
public sector unions, including the NJEA,
FMBA, IFTPE, PFANJ, CWA and the FOP. On
the employers’ side, the Governor’s Office of
Employee Relations, the New Jersey School
Boards Association, the League of Munici-
palities, New Jersey Council of County Col-
leges, Morris County and the New Jersey As-
sociation of Counties joined the appeal and
argued to reverse the Appellate Division’s
decision.
In another unanimous decision, the Supreme Court again
rejected PERC’s decision. The Supreme Court affirmed the
Appellate Division’s decision and held that PBA Locals were
entitled to rely upon and enforce clear and explicit language
that terms and conditions of employment, including pay-
ment of salary steps, would continue until a new agreement
was reached. In other words, the payment of salary step in-
crements remained in full force and effect after the contract
expired under basic principles of contract law.