Commission Reaffirms Its Reversal of Long-Standing Precedent and Finds Layoffs By Seniority Non-Negotiable

By Ira W. Mintz, Esq.

State of New Jersey  and New Jersey Division of Criminal Justice Non-Commissioned Officers Association and New Jersey Division of Criminal Justice Superior Officers Association and Fraternal Order of Police, Lodge 91

In P.E.R.C. No. 2014-50, the Commission reaffirmed its 2011 reversal of long-standing precedent and held that a proposal that employees be laid off in reverse order of seniority is not mandatorily negotiable.  See April 2011 Blog Post on Union County Prosecutor’s Office.

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