Commission Rejects Draft Decision That Would Have Found a Managerial Prerogative to Furlough School Employees

By Ira W. Mintz, Esq.

Robbinsville Township Board of Education and Washington Township Education Asssociation

On November 19, 2012, by a vote of 3-4, the Commission rejected a draft decision that would have held that the Robbinsville Township Board of Education had a managerial prerogative to impose three furlough days without negotiations. Chair Hatfield and Commissioners Boudreau and Eskilson voted in favor of the draft decision. Commissioners Bonanni, Jones, Voos and Wall voted no. The draft decision distinguished case law finding a negotiations obligation before instituting reductions in employees’ work weeks. It analogized this case to the only case in over 20 years in which the Commission found a managerial prerogative to impose furloughs and where the alternative to furloughs would have resulted in gutting the operations of the State Department of Personnel.

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