14
NEW JERSEY COPS ■ FEBRUARY 2014
PERC refuses to follow precedent to
pay automatic salary increments
Editor’s Note: Due to a publishing error, the wrong
version of the NJ State PBA Legal Corner ran in the
January 2014 issue. Here is the correct version:
nately, we now know the answer.
By way of background, this case involved three
law enforcement units in Atlantic County, two PBA
units and a unit represented by the FOP All col.
lective negotiations agreements expired on Dec.
31, 2010. There was a past practice by which the
County paid increments on Jan. 1 following the
expiration of an agreement. However, on Jan. 1,
2011, the County refused to pay what had previPaul L.
ously been automatic increments. The two PBA
Kleinbaum,
locals and the FOP lodge filed applications for
Esq.
injunctive relief. The applications for injunctive
relief were originally heard by PERC’s Deputy
Director of Unfair Practices who had more than 25 years of
experience with the agency. However after he heard the argument, PERC’s then new Chair took the case from the Deputy
Director and denied injunctive relief in March 2011.
The case wa