Monthly Archives: May 2012

Commission Abandons Its Short-lived Reversal of Long-Standing Precedent

By Ira W. Mintz, Esq.

Fair Lawn Board of Education and Fair Lawn Education Association

In January 2012, the Commission restrained arbitration over a claim for increased compensation for an increase in class size.  See Howell Tp. Bd. of Ed. and Howell Tp. Ed. Ass’n, P.E.R.C. No. 2012-40.  The Commission relied on the doctrine from a 1985 decision that required that initial grievance documents properly frame a negotiable issue.  That doctrine, however, was abandoned by the Commission just three years later in 1988.  This blog reported on Howell in February, noting that the Commission had reversed its long-standing precedent without even acknowledging that it was doing so.  Now, two months later, the Commission has returned to its post-1988 approach and reaffirmed that the question of whether a grievance or demand for arbitration raises a particular contractual claim presents a contractual arbitrability question for the arbitrator, rather than a legal arbitrability question for the Commission to address in a scope of negotiation decision.  Fair Lawn Bd. of Ed. and Fair Lawn Ed. Ass’n, P.E.R.C. No. 2012-58

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PERC Will Conduct a Public Hearing on its Proposal to Eliminate Right to Legal Argument in Interim Relief Cases

By Ira W. Mintz, Esq.

The proposal appeared in the March 4, 2012 issue of the New Jersey Register at 44 N.J.R. 560(a) and may be viewed on the Commission’s website at http://www.state.nj.us/perc

The Public Hearing will be held:

Date: May 25, 2012

Time: 10:00 a.m.

Place: NJ Forensic Science & Technology Center

1200 Negron Drive

Hamilton, New Jersey

Link to directions: http://www.nj-iafn.org/NJ_ForensicTechnology_Center_directions.pdf

Parties will speak in the order they notify the Commission that they desire to make a presentation.

Send written notice to:

P. Kelly Hatfield, Chair

Public Employment Relations Commission

P.O. Box 429

Trenton, New Jersey 08625-0429

Comments on the rule proposal are now due Friday, June 15. 

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PERC Has Extended the Comment Period on its Proposal to Eliminate Right to Legal Argument in Interim Relief Cases

By Ira W. Mintz, Esq.

The Commission has extended the period for interested parties to comments on proposed amendments to its interim relief rules that, among other things, would allow the Commission Chair or designee to deny an application for interim relief if the Chair or designee believes that there is an insufficient basis in the pleadings to meet the standards for granting interim relief.  The amendments would also permit the Chair or designee to issue an interim relief decision before the submission of a supporting brief, and eliminate the right to argue orally in person, or to argue orally at all.

Comments on the rule proposal are now due Friday, June 15.  The rule proposal can be found in the New Jersey Register at 44 N.J.R. 560(a).

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