Monthly Archives: February 2015

Commission Limits Back Pay to Only Employees Who Accept Reinstatement

By Ira W. Mintz, Esq.

Monroe Township Bd. of Fire Commissioners and Monroe Township Professional Firefighters Association, International Association of Firefighters, Local 3170

The Commission found that the employer violated the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-1 et seq., whcn it employed non-bargaining unit, per diem firefighters to perform firefighter duties historically performed by full-time bargaining unit firefighters represented by Local
3170 and terminated the paid firefighters in retaliation for filing an unfair practice charge challenging the transfer of unit work.  P.E.R.C. No. 2015-14.  However, rather than order the typical remedy of reinstatement with back pay, the Commission ordered that reinstatement be offered to the firefighters and that only firefighters who accepted offers of reinstatement would be entitled to back pay.  This limited remedy followed an August 2013 Commission decision that had modified a Hearing Examiner’s recommended remedy for back pay to impose a similar limitation.  See Passaic Cty. Superintendent of Elections and CWA Local 1032, P.E.R.C. No. 2014-1.

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