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strength, and this was a way of trying to zap that strength by removing a source from which they get money. By eliminating this source of revenue, anti-union forces were hoping to diminish the strength of public-sector unions.”
The appointment of Supreme Court Justice Neil Gorsuch in 2017 created a more conservative bench that arguably tipped the Janus decision. In the dissenting opinion authored by Justice Elena Kagan, she wrote,“ It does so even though the government services affected— policing, firefighting, teaching, transportation, sanitation( and more)— affect the quality of life of tens of millions of Americans.”
And there is more apparent shortsightedness underneath the ruling. The decision renders thousands of union contracts throughout the country null and void that have to be re-negotiated with the potential of dealing with individual members.
But with regard to the NJ State PBA, the ruling might turn into a rallying cry. Members are well aware of the services and benefits they get from the PBA, especially with pension planning and consulting, health benefits representation, clinical services, philanthropic benevolence that leads to so much public goodwill, one-of-a-kind legal protection that no officer can afford to be without and the renowned annual Collective Bargaining Seminar.
And then there is the strength in numbers. The PBA’ s sister and brotherhood constantly makes its presence felt. Anybody who has ever been to a state meeting has probably seen a member step up to the microphone to request sisters and brothers come out to stand with one of their own who has been subjected to an unfounded disciplinary action. And that usually is followed by hundreds of members coming out to stand union strong.
The PBA’ s increased influence resulting from political action is also a numbers game. The ability to affect or pass legislation, including the history-making law Governor Murphy signed on July 3 to make PFRS independently run, exemplifies another exclusive benefit the union offers that all officers benefit greatly from.
“ The State PBA could not do what it does if it didn’ t have a united voice behind it,” Kleinbaum reasons.“ When the PBA shows up in Trenton with all those members in their PBA shirts, the legislators take notice. The increased activity in the political arena is impact of that voice, and I think everybody understands the power the PBA has in numbers.”
If any additional evidence is needed to confirm the Cruella-ty of Janus, PBA members can look right to the top. In anticipation of the Supreme Court ruling, Governor Murphy signed the Workplace Democracy Enhancement Act on May 18.
The new law is intended to ensure that employee organizations that are the exclusive representatives of public employees in collective negotiations can carry out their statutory duties. The law also includes the right of associations with majority bargaining status to meet with individual employees on the premises of the public employer during the workday to investigate and discuss grievances, workplace-related complaints and other workplace issues.
“ Some people might think that there’ s some benefit to not paying dues, even though they are giving up something as valuable as the Legal Protection Plan,” Kleinbaum adds.“ Remember, this decision didn’ t come out of the blue. It’ s the result of years of litigation from these anti-union groups to attack all public-sector unions. But the PBA has a good infrastructure to deal with the decision, and that’ s why I think it won’ t have a big impact.” �
DCH Volkswagen of Freehold 4360 Route 9 South Freehold NJ 07728 732-810-7919 / Cell # 732-213-6345 mcapadona @ dchusa. com www. dchvwoffreehold. com
Special pricing for Law Enforcement, Firefighters, and their immediate family members.
Michael Capadona General Sales Manager Retired Sergeant Essex County Corrections
40 NEW JERSEY COPS ■ JULY 2018