NJ Cops | Page 18

10 NEW JERSEY COPS ■ DECEMBER 2014 PERC once again reverses course and limits the subjects of bargaining In the February 2014 issue of NJ COPS, we reported on PERC’s “Atlantic County” decision in which it reversed more than 30 years of precedent, and concluded that public employers no longer had to pay automatic salary increments when a contract expired and before a new contract was negotiated. Since that decision, PERC has again reversed course to limit the scope of negotiations. This time, PERC is asking the New Jersey Supreme Court to reverse its (PERC’s) decisions which are on appeal. You read that correctly – PERC has asked the Supreme Court to reverse PERC. Here are the facts: In three cases arising out of Keyport, Belmar and Mount Laurel, involving non-law enforcement units, PERC issued decisions concluding that the municipalities’ decisions to reduce hours and compensation, through the involuntary the furlough of employees, were negotiable subjects which the municipalities could not unilaterally implement. In each case, the municipality unilaterally imposed involuntary furlough days or reduced hours which necessarily reduced the compensation and hours of work of the employees affected by the decisions. PERC’s decisions were consistent with many years of precedent in which those types of issues were ruled to be mandatorily negotiable. The municipalities appealed PERC’s decisions. Despite the deference, which the courts usually extend to administrative agencies such as PERC, the Appellate Division unanimously reversed each decision and held that the decisions to impose involuntary furlough days and to reduce employees’ hours and compensation were not negotiable and instead were non-negotiable policy determinations and prerogatives of management which could not be bargained away. The Supreme Court agreed to hear the appeals of the unions in each case. The cases were argued before the Supreme Court on October 20, 2014. In an astounding change of position, PERC advised the Supreme Court that it was reversing itself and was now asking the court to affirm the Appellate Division’s decision. PERC effectively renounced its prior decisions in favor of the unions. PERC advised the court that it had come to believe that a public employer’s decision to furlough employees and reduce their hours and compensation was an “essential government policy decision” which was not negotiable. In short, PERC inexplicably did an about face and asked the court to rule exactly the opposite of what PERC itself initially decided in all three cases. The specific issue involved in these cases, the reduction of Zazzali, Fagella, Nowak, Kleinbaum & Friedman Representing the New Jersey State PBA, local PBAs, and law enforcement officers for more than 40 years: Contract negotiations and interest arbitration; Contract grievances and grievance arbitration; All disciplinary appeals and unfair practice charges; Discrimination and whistleblower cases; Disability pension appeals; All aspects of State and Federal litigation; State PBA Legal Protection Plan; Practice before PERC, Civil Service Commission, PFRS and other State agencies. www.zazzali-law.com [email protected] Newark One Riverfront Plaza Suite 320 1037 Raymond Boulevard Newark , NJ 07102 Tel: [phone] Fax: [phone] Trenton 150 West State Street 3rd Floor Trenton, NJ 08608 Tel: [phone] Fax: [phone]