Commission Permits Arbitration Contesting State’s Refusal to Pay Annual Step Increments After Contract Expiration

State of New Jersey and Communications Workers of America, AFL-CIO

In P.E.R.C. No. 2018-35, the Commission denied the State’s request for a restraint of binding arbitration of grievances contesting the State’s refusal to pay annual step increments after contract expiration.  Applying the Supreme Court’s decision in In re County of Atlantic, 230 N.J. 237 (2017), the Commission found that step movement during the hiatus period between an expired contract and a successor contract is mandatorily negotiable.