may be permissible only if an appropriate state agency enacts
temporary emergency regulations that provide local government with the specific right to implement furloughs. While
such a regulation existed when the dispute arose in Keyport
(the emergency regulation is no longer in effect), none was
present in Robbinsville. Interestingly, the Court, including the
justices appointed by Gov. Christie, “emphasized the value of
collective negotiated agreements in our society.”
This decision is unlikely to have much of a direct impact on
PBA Locals and law enforcement officers. However, if an employer attempts to impose furloughs on law enforcement officers without prior negotiations, the PBA should immediately
consult legal counsel about the best way to respond. Possible
responses could include the filing of a grievance, an unfair
practice charge or an application for injunctive relief.
But the case also sends an important message. The decision
is certainly a rebuke to PERC and that agency’s continuing efforts to restrict negotiations. An interesting question is whether
this decision will have any impact on the case pending before
the Supreme Court in the Atlantic County and Bridgewater appeals, in which we are participating on behalf of the NJ State
PBA and some Locals, and which concern the payment of automatic increments after contract expiration. As noted above, the
Robbinsville Court went out of its way to highlight and emphasize the importance of collective negotiations agreements. We
will see whether the Court adheres to that principle in Atlantic
County and Bridgewater, and we will continue to keep the State
PBA and members advised of all developments in this area. d
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■ DECEMBER 2016 11