Supreme Court pounds
PERC furlough decision
In a unanimous decision, the New Jersey Supreme
Court recently held that a public employer does not
have the right to unilaterally impose involuntary
furloughs without first negotiating with the union.
In re Robbinsville Twp. Bd. of Ed. v. Washington Twp.
Ed. Ass’n, decided on Nov. 29, the Court reversed a
decision of the Appellate Division which, in turn,
had affirmed PERC’s decision. The Supreme Court’s
decision is a stunning blow to PERC’s attempt to restrict negotiations.
By way of background, the Robbinsville case involved a local
board of education and teachers’ association. The parties’ contract set forth the number of work days in the school year for
teaching staff members. Salaries were set based upon the number of workdays in the sc