Christie tries to change overtime calculation
He ’ s at it again . In the September issue of NJ COPS Magazine , we reported on the Christie administration ’ s efforts to change longstanding rules regarding how accumulated time for sick , vacation and personal days is paid . In another effort to change the rules to benefit public employers , Governor Christie ’ s Civil Service Commission has proposed a new regulation regarding how eligibility for overtime is calculated . This rule proposal affects mostly state employees . We testified at the recent public hearing on behalf of the State PBA in opposition to the proposed rule , and we are also submitting a formal position statement objecting to it .
Historically , public employers and employees have been able to negotiate how overtime is calculated . For many collective negotiations agreements , overtime is due in any week in which the employee was paid for more than 40 hours , not just for hours the employee actually worked . In this situation , an employee receives credit for paid time off because it is considered working time . The Civil Service Commission ’ s proposed change is subtle but significant . For state employees , it would no longer count paid sick days , vacation days and personal days toward eligibility for overtime . Instead , it would count only hours the employee has actually “ worked ,” rather than was “ paid ” before overtime would kick in .
Our position does not require discussion of the merits of current law . Instead , our focus is on whether the Civil Service Commission should prohibit negotiations on the topic . Right now , the state of New Jersey and local public employers are permitted to enter into agreements with their unions which allow paid time , whether worked or not , to be included in an overtime calculation . It is a negotiable subject . The proposed rule , however , would prohibit future negotiations with the state on the topic , thus making it impossible to include paid days off in determining eligibility for overtime . If adopted , the rule would become effective immediately if there is no agreement in effect , or at the expiration of any agreement in effect when the rule is adopted and becomes effective .
We understand our objections may fall on deaf ears , and that the Commission may adopt its proposed rule before the end of the year . If it does so , it will be up to a new administration to decide whether to retain the rule – an exercise which would be unnecessary if the current governor just left the stage quietly . We will keep you posted .
Rule proposal will slow employer approval
of contracts
In another effort by the Christie administration to make life more difficult for public sector unions as his term winds down , the Local Finance Board of the Division of Local Government Services ( LGS ) has issued a new rule proposal concerning procedures for approving new contracts which will affect all PBA Locals and all members . Under the guise of a claimed desire to increase transparency , the rule proposal is based upon a 2007 statute which required LGS to adopt rules consistent with the statute . LGS did nothing for 10 years , and PBA Locals and public employers seemed to negotiate and approve contracts without too many problems with the approval process . Now , after all these years , this rule proposal is intended to comply with that statute . The timing is certainly suspect .
The proposal concerns how a governing body must approve compensation changes , including negotiated contracts . It requires a public meeting with advertising , notice and the opportunity for public comment on any proposed
compensation changes before the governing body can take action to approve a new contract . This would include , for example , a governing body ’ s consideration , and approval , of a memorandum of agreement for a new contract . It exempts any contract which is awarded by an interest arbitrator .
The rule proposal also requires the governing body ’ s chief financial officer to complete a compensation disclosure form and make the form available to the general public . The compensation form includes information about salary and benefit costs for each year of the agreement . Copies of the proposed compensation changes , along with the disclosure form , must be made available to the general public beginning at least seven calendar days before the date of the public meeting . There must be at least 10 calendar days ’ notice of the public meeting . Then , the governing body action to approve the new contract must occur no earlier than the 10th calendar day following the meeting at which the measure was introduced and discussed . In other words , the MOA cannot be voted on at the meeting at which it is introduced and discussed . It is important to note that according to the statute and the rule proposal , any action taken that is not in compliance with this procedure is “ null and void .”
Apart from the increased public focus on these issues , one effect of the rule will be that it will take longer for governing bodies to ratify memoranda of agreement for new collective bargaining agreements . On behalf of the State PBA , we filed objections to this proposal . However , we expect that LGS will move expeditiously to adopt the proposal before the end of the year . Stay tuned . d www . njcopsmagazine . com ■ OCTOBER 2017 11