Commission Finds That Civil Service Regulations Prohibit the Grant of Annual Sick Leave in Excess of an Employee’s Anticipated Continued Employment

Point Pleasant Beach Borough and PBA Local 106

In P.E.R.C. No. 2018-20, the Commission restrained binding arbitration of a grievance contesting the prorating of an employee’s sick leave due to his impending retirement before the end of the calendar year.  The Commission found that a Civil Service regulation prohibited the granting of annual sick leave in excess of an employee’s anticipated continued employment.  The Commission relied on two Civil Service Commission cases applicable to State employees.  The Commission permitted arbitration over the union’s challenge to the proration of vacation leave finding that issue not preempted.  In addition, the Commission reiterated that an employer cannot, by passage of an ordinance pursuant to a general statute, preempt an otherwise mandatorily negotiable term and condition of employment.

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