2016 NJ State PBA Collective Bargaining Seminar
‘We’re not going to give without getting anything’
PREPARATION FOR THE NEGOTIATIONS
PROCESS
Frank Crivelli
Crivelli & Barbati, Esq.
When Frank Crivelli completed his presentation on preparing for
collective bargaining contract negotiations, several members
popped up as they were ready to go into, well, battle. Jim Marengo,
the financial secretary for Camden County Sheriff’s Department
Local 277, was one of those in the room so motivated.
“We’ll be attacking again,” said Marengo who is part of the 277
team currently negotiating the Local contract that expired last year.
“We learned about some little things we can do this time to get creative. But we’re not going to give without getting anything.”
Certainly, that was Crivelli’s message, and he expounded on what
goes into maximizing the tactics of negotiating a contract. Some of
the priority notes included:
•
Starting to prepare at least a year ahead of time.
•
State law requires a minimum of three negotiating meetings,
and that at the first meeting, “you can learn (the town’s)
position and if you might have to turn the screws.”
•
Using the “lightning rod” tactic of removing a clause from
your contract proposal that management may want and giving it back in the end to get something the Local wants.
•
Keeping the negotiating committee to five-to-seven unique
members, including some who are willing to do the talking, a
“number’s guy” and people willing to do the work.
He also noted taking advantage of research such as the bible of
spreadsheets that NJ State PBA Collective Bargaining Consultant
George O’Brien maintains for Locals and PERC’s wage surveys and
its bi-annual report on police and fire interest arbitration, which is
available on the PERC website.
“Something our union has done is bring guys into the negotiations committee that are staggered in time of service to the department,” said Lacey Township Local 238 member Adam Ewart in
confirming the value of unique members of the bargaining team.
Another of Crivelli’s points about the relationship between the
Local and management made an impact on Burlington County
Corrections Local 249 SOA President Pyaegtaye Blango management.
“It really depends on the relationship we have with our administrator and the county and what they’re willing to negotiate and
work toward,” Blango said. “Another thing I liked is what he said
about how to present the information. It definitely equips us to
play the game much better.”
‘Document everything you do’
GRIEVANCE ARBITRATION AND
UNFAIR LABOR PRACTICES
Paul L. Kleinbaum, Esq.
Zazzali, Fagella, Nowak, Kleinbaum & Friedman
Resolution of labor contract disputes – grievances – are better
served to be handled with arbitration. So if there is one strategy PBA
Locals can pursue to help their members, it is to use “broad” grievance and arbitration clauses in their contracts and also include a
minor discipline clause.
Attorney Paul Kleinbaum, who subbed for his partner, Robert
Fagella, in making this presentation, also provided other key points
to handling grievances, including:
• The bulk of labor arbitration involves the interpretation, application and enforcement of disputed contract provisions.
• Arbitration is the preferred method for resolution of labor contract disputes over litigation. The characteristics which make
arbitration different from litigation, including the key parts of
grievance arbitration: the resolution of issues of contract interpretation.
• Members should watch their time frames for pursuing a claim,
and, as Kleinbaum said, “Document everything you do, or say,
or what is said to you. Be sure to make copies of everything you
send or receive to and from the employer.”
• Only the PBA can pursue a grievance to arbitration – whether
to file is at PBA, not employee, discretion.
Jason Hildebrant, president of Long Beach Township Local 373,
said the grievance arbitration session was extremely well put together and offers law enforcement officers invaluable information that
allows them to negotiate with confidence.
“What I got from the seminar was that it is very important for the
negotiating committee to have a solid strategy and good communication with its members prior to entering negotiations,” Hildebrant
said.
www.njcopsmagazine.com
■
FEBRUARY 2016
49