Bargain
Hunters
2016 NJ State PBA Collective Bargaining Seminar
A session-by-session review of the best ideas
that captivated PBA members at the
27th annual Collective Bargaining Seminar
n PHOTOS BY ED CARATTINI JR
n STORIES BY MITCHELL KRUGEL, JOSHUA SIGMUND, JENNIFER TRATTLER
AND DONNA WEAVER
‘The 2-percent cap, COLA and PERC are the challenges’
ASSAULT ON COLLECTIVE BARGAINING:
Legislation, Interest Arbitration and PERC
Paul L. Kleinbaum, Esq.
Zazzali, Fagella, Nowak, Kleinbaum & Friedman
Attorney Paul Kleinbaum stressed to PBA members that
although there is lots of doom and gloom, there must be
preparation to meet those challenges of the assault on collective
bargaining.
“These are the times that try the souls of the men and women of
the PBA,” Kleinbaum said.
And there’s much work to be done as the collective bargaining
process remains under attack, he reiterated.
The 2-percent cap, COLA and PERC are the challenges that he
noted law enforcement officers continue to face. Kleinbaum
pointed to a pending litigation to stress his assessment of the
current state of the collective bargaining process.
The first case that grabbed the attention of the membership in
the audience was the Interest Arbitration of the State of New Jersey
and New Jersey Law Enforcement Supervisors Association. He
explained that in this case, the court reaffirmed PERC’s stingy interpretation of the calculation of the 2-percent hard cap, and PERC
correctly concluded that the cap does not permit officers to be credited with savings from retirements, attrition or from any other
reductions in costs.
The next complicated topic in the discussion of the assault on the
collective bargaining process was Kleinbaum’s explanation of the
appeal of PERC’s decision connected to negotiations of health insurance contributions under Chapter 78. For this explanation of the
process, he cited the Clementon Board of Education decision in
August 2015 that determined unions cannot negotiate any changes
in health insurance contributions until the four-year progression is
completed. He further explained that if the four-year progression is
completed during the term of a contract, a Local also cannot negotiate any changes until the contract expires.
“Every year, these guys explain everything to you in a way that's
engaging. Every local should have people down here, it's a great
resource,” said Chris Boller, a member of Ewing Township Local 111
who attended this year’s seminar.
www.njcopsmagazine.com
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FEBRUARY 2016
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