Commission Rules That Statutes Do Not Require the Payment of State Employee Increments After Contract Expiration

William Toolen, et al. and State of New Jersey

State Troopers Fraternal Association of New Jersey, et al. and State of New Jersey

In P.E.R.C. No. 2018-29, the Commission dismissed complaints filed by various majority representatives of State employees in the Superior Court and transferred to the Commission.  The Commission stated that the thrust of the lawsuits was that, separate and apart from any obligation to negotiate pursuant to the Employer-Employee Relations Act, the cited statutes in Titles 11A, 52 and 53, and related regulations, mandate the payment of increments after contract expiration.  The Commission stated that the Supreme Court’s decision in Atlantic County/Bridgewater, 230 N.J. 237 (2017), found the payment of increments to be mandatorily negotiable, and the Commission rejected the unions’  preemption argument.

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