Commission Reaffirms Its Ruling That Employer Has Right to Limit Overtime To Employees It Deems Most Qualified

By Ira W. Mintz, Esq.

State of New Jersey Judiciary (Ocean Vicinage) and Probation Association of New Jersey (Professional Case Related Unit)

In P.E.R.C. No. 2015-25, the Commission reaffirmed its ruling in City of VinelandP.E.R.C. No. 2013-37, that had expanded the scope of the employer’s managerial prerogative to permit the employer to limit overtime to those employees whom the employer deemed most qualified.  In prior decisions, the Commission recognized the right of unions to negotiate rotation of overtime assignments among qualified individuals.  See, e.g., Borough of Clayton, P.E.R.C. No. 2013-47 (allocation of overtime among qualified individuals is negotiable and arbitrable).  This case reaffirms this expanded employer prerogative.

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