Blog
- Arbitrator Rules that Union May Negotiate and Enforce Agreement for Suspension with Pay for Officer
May 12, 2016
In the recent arbitration case of City of Newark and The Police Superior Officers’ Association, Inc., NJSBM Case No,: 15-0282, (December 1, 2015), Arbitrator Perry O. Lehrer required Newark, a civil service municipality, to pay a suspended police captain while he awaited the disposition of the criminal charges pending against him that led to his suspension. The Arbitrator determined that an officer’s receipt of payment while on suspension due to pending criminal charges is a...Read More - In Split Decision, Supreme Court Affirms 9th Circuit Judgment Finding Agency Fees Constitutional
Mar 31, 2016
On March 29, 2016, the Supreme Court issued a one-line decision in Friedrichs v. California Teachers Association announcing a 4-4 split in the case. The effect of the split is to affirm the 9th Circuit’s decision, which upheld the constitutionality of “agency fees,” or fees paid by non-union members in return for the benefits that the union has negotiated for the entire bargaining unit. To read the Supreme Court's Decision, click HERE. The constitutionality of...Read More - Appellate Division Reversed PERC Decision Which Negated an Over 35-Year History of Payment of Salary
Mar 22, 2016
Firm Partner PAUL L. KLEINBAUM, ESQ. and Associate MARISSA A. McALEER, ESQ. represented amicus curiae, New Jersey State PBA, in In re County of Atlantic and PBA Local 243. The Appellate Division overturned a decision by PERC which reversed over 35 years of agency case law. The court held that a public employer cannot refuse to pay salary step increments after a contract has expired and before a new contract has been negotiated if it...Read More - NATIONAL LABOR RELATIONS BOARD HOLDS EMPLOYER CAPTIVE AUDIENCE MEETINGS UNLAWFUL
Jan 6, 2001
On November 13, 2024, the National Labor Relations Board (NLRB) issued a landmark decision in Amazon.com Services LLC, 373 NLRB No. 136 (2024), ruling that employers violate the National Labor Relations Act (NLRA) by requiring employees to attend meetings where the employer expresses views on unionization. Commonly known as "captive audience" meetings, this longstanding practice has now been deemed unlawful. This decision overturns over 75 years of NLRB precedent established under the 1948 decision, Babcock...Read More