increases during the period between the expiration of those
contracts and the formation of their successor agreements.”
The Court began its analysis by broadly finding that step
increments, as an aspect of employee compensation, are a
mandatorily negotiable term and condition of employment.
The Court then examined the narrower issue of whether the
step increment systems provided for in the contracts at issue
continued after expiration.
With regard to the Bridgewater contract, the Court approv-
ingly cited the extension language that our firm negotiated
into the agreement, which stated, “This agreement shall re-
main in full force and effect during collective negotiations
between the parties beyond the date of expiration set forth
herein until the parties have mutually agreed on a new agree-
ment.” The Court recognized that because of this language,
salary guides, and all other terms and conditions set forth in
the agreement, continued until a successor agreement was
reached. Therefore, the township could not unilaterally cease
the payment of salary steps, and the Local was within its right
to challenge the township’s action through arbitration.
Overall, the Court declined to determine “whether, as a
general rule, an employer must maintain the status quo while
negotiating a successor agreement.” Instead, it affirmed that
post-contractual salary guide movement is negotiable.
What does this mean for you and your contract? First, your
PBA Local can negotiate explicit language in your contract to
continue salary guide movement, even after the contract ex-
pires, if such language does not already exist.
Second, because post-contract salary guide movement is
negotiable, failure to continue that movement can be chal-
lenged through grievance arbitration. If your contract con-
tains language explicitly continuing all terms and conditions
until a new contract is settled (as did the PBA Local 174 agree-
ment), and your employer refuses to pay increments after the
contract expires, your PBA can file a grievance alleging a di-
rect violation of the contract language.
Third, even if your contract does not have explicit extension
language, the Local can file a grievance alleging a violation of
“past practice.” PERC has defined a past practice as a course