Commission Extends Its Ruling That Salary Increments, Longevity Increases, and Educational Payments Need Not Be Paid After Contract Expiration

By Ira W. Mintz, Esq.

Paterson State Operated School District and Paterson Education Association

In P.E.R.C. No. 2014-46, the Commission extended the holding of its recent decision in Atlantic Cty., P.E.R.C. No. 2014-40, to dismiss an unfair practice charge filed after the school district refused to pay automatic salary increments, longevity increases and educational payment for acquisition of an advanced degree in accordance with a schedule in the parties’ expired contract.  Abandoning decades of precedent, the Commission stated that requiring the payment of increments serves as a disincentive to the prompt settlement of labor disputes.  However, the Commission did not provide the basis for its conclusion that settlements have been longer or harder to achieve.

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