SICK LEAVE
=
= =CONTINUED
= = = FROM
= PAGE
= = 73
= =
=
= =
= =
= = =
= =
ëíáää=íÜÉ=ÅçåíêçääáåÖ=ä~ïK=cçê=Éñ~ãéäÉI=íÜÉ=^ééÉää~íÉ=aáîáëáçå=êÉäáÉÇ
= =
=
=
=
=
= =
=
=
=
ìéçå=íÜÉ=Å~ëÉ=~ë=êÉÅÉåíäó=~ë=OMNNI=ïÜÉêÉ=áí=~å~äóòÉÇ=íÜÉ=êÉ~ëçåáåÖ
=
= = =
=
= =
=
=
= =
=
~åÇ=~ééäáÉÇ=áí=Äêç~ÇäóW=
= =
=
=
“It is clear that the finding of a connection between a managerial
= = =
==
=
=
=
= = =
=
=
prerogative and an issue sought to be negotiated does not automati=
=
= = = = =
=
= = =
= =
=
cally bar negotiability.” … We have recognized that “nearly every deter=
= =
=
= =
=
=
mination by management in the public sector will, in some measure,
=
= = =
= =
= =
=
=
=
= =
=
implicate the governmental policy function.”
= = =
=
= =
=
= = =
=
To decide whether a negotiated agreement would significantly
=
interfere with the determination of governmental policy, it is necessary
=
=
=
=
=
=
to balance the interests of the public employees and the public
=
= =
= =
=
= =
=
employer. When the dominant concern is the government’s
= = =
managerial prerogative to determine policy, a subject may not be
=
=
=
=
==
= =
=
= =
=
included in collective negotiations even though it may intimately
=
=
= =
=
=
=
=
=
=
=
affect employees’ working conditions.”
==
=
=
= =
=
=
=
=
= =
=
mbo`=Ü~ë=~ééäáÉÇ=íÜÉ=Elizabeth ÇÉÅáëáçå=èìáíÉ=ÅçåëáëíÉåíäóI=~åÇ
=
= =
=
=
=
=
==
=
=
=
ìëÉë=íÜÉ=êÉ~ëçåáåÖ=ïÜÉå=ÇÉíÉêãáåáåÖ=áëëìÉë=çÑ=åÉÖçíá~Äáäáíó=çÑ=ã~íJ
= =
=
=
=
=
= =
=
= = =
= =
íÉêë=êÉä~íáåÖ=íç=ëáÅâ=äÉ~îÉ=îÉêáÑáÅ~íáçåK=cçê=Éñ~ãéäÉI=áå=~=OMNQ=Å~ëÉI
mbo`Ûë=eÉ~êáåÖ=bñ~ãáåÉê=Öê~åíÉÇ=~=ìåáçåÛë=ëìãã~êó=àìÇÖãÉåí
=
=
=
= =
=
=
=
ãçíáçå=êÉÖ~êÇáåÖ=~å=ìåÑ~áê=éê~ÅíáÅÉ=ÅÜ~êÖÉK=qÜÉ=Éñ~ãáåÉê=ÇÉÅáÇÉÇ
= =
= =
=
= = =
=
=
íÜ~í=íÜÉ=ÉãéäçóÉê=îáçä~íÉÇ=íÜÉ=ä~ï=Äó=êÉÑìëáåÖ=íç=åÉÖçíá~íÉ=áå=ÖççÇ
=
=
=
Ñ~áíÜ=ÅçåÅÉêåáåÖ=íÜÉ=áãé~Åí=íç=íÜÉ=ëáÅâ=äÉ~îÉ=éçäáÅó=ÇáêÉÅíáîÉI=ëéÉÅáÑJ
=
= =
= = = =
=
= =
=
= = =
áÅ~ääó=çîÉê=íÜÉ=ÉÅçåçãáÅ=áãé~Åí=çÑ=íÜÉ=ÉãéäçóÉêÛë=ëáÅâ=äÉ~îÉ=îÉêáÑáJ
=
= =
= =
=
= =
= =
Å~íáçå=éçäáÅóK=få=íÜáë=Å~ëÉI=mbo`=ÅçåíáåìÉÇ=íç=ÇÉãçåëíê~íÉ=íÜ~í
= =
=
= =
=
=
=
=
Elizabeth Åçåíêçäë=íÜáë=áëëìÉW
=
= =
=
=
= =
=
=
FOP contends that Rutgers repudiated Article 13, Section 4 of the
=
=
=
=
=
=
=
= = =
=
agreement by requiring unit employees to pay the costs of obtaining a
=
medical certificate.
= =
=
= = =
=
= =
A public employer has a managerial prerogative to establish a sick
= = = =
=
= =
= =
=
leave verification policy. The economic impact of a sick leave verifica=
=
=
= =
= = =
=
=
=
tion policy on employees is mandatorily negotiable… The Commis=
=
=
= =
=
= =
= =
74
NEW JERSEY COPS
■
FEBRUARY 2016
sion
Division have held that an employer must nego= and= Appellate
= =
tiate in =good faith
over
=
= whether
=
=it or the
= employee
=
= pays
= for doctor
=
=visits
required
under
a
sick
leave
verification
policy...
As
the
Appellate
Divi=
=
= =
=
= =
sion explained:
= =
= = = =
Indeed, the question of who pays for doctor’s visits does not impinge
on the exercise of the managerial function in any material way and
merely involves budgetary issues. Contrary to the arguments of the
city, nothing in the Commission’