Category Archives: 2018

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.

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Commission Finds That the FLSA Does Not Preempt Arbitration Over Employer’s Decision That Employee is Overtime Ineligible

Rutgers, the State University of New Jersey and Union of Rutgers Administrators, American Federation of Teachers, Local 1766, AFL-CIO

In P.E.R.C. No. 2018-32, the Commission denied a request for a restraint of binding arbitration of a grievance asserting that Rutgers violated University policy and applicable law, including the Fair Labor Standards Act, when it reclassified an employer from non-exempt to exempt under the FLSA.  The Commission found that the FLSA does not prohibit arbitral review of Rutgers’ classification decision and the payment of overtime if the classification decision is found to be erroneous under applicable FLSA law and regulations.

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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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