2017 NJ STATE PBA Collective Bargaining Seminar
The ABC’ s of interest arbitration
JAMES M. METS Mets, Schiro, McGovern, LLP
The presentation began by informing members that they live by laws without remembering, or ever having known, why the rulings were created in the first place. And James Mets reminded members how the laws that affect them came about.
The Reform Act was created with the intention of providing law enforcement officers a fair way to settle disputes. Interest Arbitration( IA) was created as a means of protecting the public from strikes that would bench public service members from doing their jobs by providing a way for disputes to be settled. Caps were created to control the amount of money that can be earned by limiting the amount an arbitrator can award in arbitration.
Now, keeping those definitions in mind, Mets explained ways to take control of the system by being prepared to propose contracts that benefit each unit:
• When a contract is approaching expiration, get a head start on putting together a new contract by sending out a notice to the municipality months in advance. This allows the Local to get an idea of how its proposal is going to be received and prepares the municipality for the requests in the new contract. The goal is to negotiate an agreement and avoid going to arbitration.
• Preparation is key when it comes to settling a new contract. Start gathering information early to put together a proposal. Write down the top five terms you want in the next contract and give members a deadline to provide input.
• Locals should not settle for less-than-desirable negotiations just to avoid arbitration. Don’ t be afraid to fight for your proposal by providing facts and history to prove how the unit will benefit. Members depend on the results of the negotiated contract. If an employer agrees to a lame proposal simply to avoid arbitration, Locals will be forced to do more with less and morale is likely to plummet.
• If you receive an IA petition, act immediately. The recipient has five days to notify PERC about desired adjustments. Any issue presented after five days will not be considered. This is an important deadline. The arbitrator will write out what he or she thinks is fair and try to get you to settle on the first meeting.
• One way to save money within the 2-percent budget is to award bonuses for a portion of the steps instead of salary increases. Bonuses do not count toward the cap. Although bonuses are not pension-based, it’ s money in a member’ s pockets that works around the cap.
• A bad proposal settled through interest arbitration isn’ t good for anybody – not the Local, not the individual members, not even the taxpayers who will need to pick up slack once the town’ s revenue drops. Those who go into interest arbitration are there to protect everything they have, and employers are starting to realize that the jobs of law enforcement officers and the expenses of their lifestyles need to be preserved. d
www. njcopsmagazine. com ■ FEBRUARY 2017 45