38 Results for [("N.J.S.A. 34:13A-16")]

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16 APPROVED FOR PUBLICATION APPELLATE DIVISION IN THE MATTER OF STATE OF NEW JERSEY and NEW JERSEY LAW ENFORCEMENT SUPERVISORS ASSOCIATION January 15, 2016 -- rank: 743

... State) to calculate the salary award within the confines of N.J.S.A. 34:13A-16.7(b), commonly known as "the 2% salary cap." 1 ... term of the collective negotiation agreement in unequal annual percentages. [ N.J.S.A. 34:13A-16.7(b). 2 ] In rendering an award, the arbitrator must ... a reasoned explanation for the award, state which factors in N.J.S.A. 34:13A-16(g) were relevant, satisfactorily explain why the other factors were ... 1) the arbitrator failed to give due weight to the N.J.S.A. 34:13A-16(g) factors he deemed relevant to the resolution of the ... did not claim that the arbitrator failed to comply with N.J.S.A. 34:13A-16(g) or violated the standards in N.J.S.A ... NJLESA with savings from retirements or attrition. Second, NJLESA misreads N.J.S.A. 34:13A-16.7(b) and ignores our standard of review. The ...

docket:	a3111-13
court:	NJ Superior Court Appellate Division
decided:	2016-01-15
status:	published
citation:	443 N.J.Super. 380 128 A.3d 1152
Document Size:	30841

17 TEAMSTERS LOCAL 97 v. STATE OF NEW JERSEY -- rank: 740

... the issues, giving due weight to those factors listed [in N.J.S.A. 34:13A-16(g)(1)-(9)]." N.J.S.A. 34:13A-16(g). If an arbitrator requires additional evidence as to any ...

docket:	a3916-10
court:	NJ Superior Court Appellate Division
decided:	2014-01-31
status:	published
citation:	434 N.J.Super. 393 84 A.3d 989
Document Size:	101618

18 TEAMSTERS LOCAL 97 v. STATE OF NEW JERSEY -- rank: 740

... the issues, giving due weight to those factors listed [in N.J.S.A. 34:13A-16(g)(1)-(9)]." N.J.S.A. 34:13A-16(g). If an arbitrator requires additional evidence as to any ...

docket:	a3274-10
court:	NJ Superior Court Appellate Division
decided:	2014-01-31
status:	published
citation:
Document Size:	101452

19 TEAMSTERS LOCAL 97 v. STATE OF NEW JERSEY -- rank: 740

... the issues, giving due weight to those factors listed [in N.J.S.A. 34:13A-16(g)(1)-(9)]." N.J.S.A. 34:13A-16(g). If an arbitrator requires additional evidence as to any ...

docket:	a4086-10xx
court:	NJ Superior Court Appellate Division
decided:	2013-02-27
status:	published
citation:
Document Size:	101434

20 TEAMSTERS LOCAL 97 v. STATE OF NEW JERSEY -- rank: 740

... the issues, giving due weight to those factors listed [in N.J.S.A. 34:13A-16(g)(1)-(9)]." N.J.S.A. 34:13A-16(g). If an arbitrator requires additional evidence as to any ...

docket:	a3868-10
court:	NJ Superior Court Appellate Division
decided:	2014-01-31
status:	published
citation:
Document Size:	101451

21 IN THE MATTER OF COUNTY OF MORRIS -- rank: 712

... is to determine whether the arbitrator considered the criteria in N.J.S.A. 34:13A-16(g) . . . and rendered a reasonable determination of the issue or ... accordance with section 5 of P.L. 1995, c. 425 ([ N.J.S.A. ] 34:13A-16.2); provided, however, that each party shall have the right ... the issues, giving due weight to those factors listed in N.J.S.A. 34:13A-16(g) which are judged relevant for the resolution of the ...

docket:	a1109-12
court:	NJ Superior Court Appellate Division
decided:	2013-11-15
status:	unpublished
citation:
Document Size:	30832

22 IN THE MATTER OF COUNTY OF HUNTERDON v. FRATERNAL ORDER OF POLICE LODGE NO. 94 -- rank: 712

... is to determine whether the arbitrator considered the criteria in N.J.S.A. 34:13A-16(g) governing the issuance of an interest arbitration award and ... in awarding an incremental salary schedule, that the arbitrator violated N.J.S.A. 34:13A-16 by awarding salary increases for 2012 and each year thereafter ... exceed his authority, the incremental salary guide is consistent with N.J.S.A. 34:13A-16, the record supports all portions of the economic award and ... 328; Teaneck FMBA , supra , 353 N.J. Super. at 306. N.J.S.A. 34:13A-16 sets forth the process and the factors the arbitrator must ... to FOP 29 (Corrections Officers). Affirmed. 1 This statute amends N.J.S.A. 34:13A-16 to expressly require the arbitrator to consider the caps imposed ...

docket:	a4989-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-05
status:	unpublished
citation:
Document Size:	34866

23 IN THE MATTER OF COUNTY OF HUNTERDON v. FRATERNAL ORDER OF POLICE LODGE NO. 29 -- rank: 712

docket:	a5311-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-05
status:	unpublished
citation:
Document Size:	34867

24 IN THE MATTER OF FRATERNAL ORDER OF POLICE LODGE 91 -- rank: 700

... two percent statutory cap on salary increases, set forth in N.J.S.A. 34:13A-16.7. 1 The State contends that PERC erred in confirming ... bargaining units or subject such arbitrations to the cap. Both N.J.S.A. 34:13A-16(b)(2), requiring interest arbitration, and the section setting forth the two percent cap, N.J.S.A. 34:13A-16.7(b), apply by their terms to situations in which ... burden on public employers and preserve the public fisc. See N.J.S.A. 34:13A-16.8; Assembly Law and Pub. Safety Comm., Statement to Assembly ... expire at the end of 2017 as set forth in N.J.S.A. 34:13A-16.9. See L. 2014, c. 11, § 4. As a ...

docket:	a0413-15
court:	NJ Superior Court Appellate Division
decided:	2017-06-26
status:	published
citation:	450 N.J.Super. 586 164 A.3d 433
Document Size:	15431

25 IN THE MATTER OF BURLINGTON COUNTY PROSECUTOR'S OFFICE -- rank: 695

... was subject to a 2% salary cap enacted pursuant to N.J.S.A. 34:13A-16.7, the arbitrator failed to properly analyze nine factors enumerated ... thereby implicating the two percent salary cap enacted pursuant to N.J.S.A. 34:13A-16.7. Based on our review of the record and the ... is to determine whether the arbitrator considered the criteria in N.J.S.A. 34:13A-16(g) . . . and rendered a reasonable determination of the issue or ... accordance with section 5 of P.L. 1995, c. 425 ( [ N.J.S.A. ] 34:13A-16.2); provided, however, that each party shall have the right ...

docket:	a0040-12
court:	NJ Superior Court Appellate Division
decided:	2013-06-10
status:	unpublished
citation:
Document Size:	27356

26 /usr/local/share/www/libweb/collections/courts/appellate/a0176-19.opn.html -- rank: 649

... PBA filed a petition to initiate compulsory interest arbitration, see N.J.S.A. 34:13A-16(b)(2), and the Public Employment Relations Commission (PERC) appointed an arbitrator through the random selection procedure outlined in N.J.S.A. 34:13A-16(e)(1). After mediation failed to produce an agreement, the ... the arbitrator failed to sufficiently analyze the factors enumerated in N.J.S.A. 34:13A-16(g) (the statutory factors); the award violated the New Jersey ... Affirmed. A-0176-19T2 14 APPENDIX STATUTORY FACTORS CONTAINED IN N.J.S.A. 34:13A-16(g) (1) The interests and welfare of the public. Among ... same or similar comparable jurisdictions, as determined in accordance with . . . [N.J.S.A.] 34:13A-16.2[]; provided, however, that each party shall have the right ...

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Document Size:	29094

27 IN THE MATTER OF THE COUNTY OF UNION -- rank: 649

... and 2014. We accept that finding. PERC also concluded that N.J.S.A. 34:13A-16.7, which prohibits an interest arbitrator from increasing base salary ... did not apply in this case. As set forth in N.J.S.A. 34:13A-16.9, the two percent cap only applies to agreements subject ... accordance with section 5 of P.L. 1995, c. 425 ([ N.J.S.A. ] 34:13A-16.2); provided, however, that each party shall have the right ... is to determine whether the arbitrator considered the criteria in N.J.S.A. 34:13A-16(g) . . . and rendered a reasonable determination of the issue or ... on appeal. 3 The cap expired on April 1, 2014. N.J.S.A. 34:13A-16.9. This archive is a service of Rutgers School of ...

docket:	a6193-11
court:	NJ Superior Court Appellate Division
decided:	2014-04-23
status:	unpublished
citation:
Document Size:	28274

28 COUNTY OF CUMBERLAND v. POLICEMEN'S BENEVOLENT ASSOCIATION LOCAL 299 -- rank: 643

... A. 40A:4-45.1(a) and applied pursuant to N.J.S.A 34:13A-16, -16.9. The County therefore argues that the arbitrator had ... or comply with the cap guidelines here. The Legislature enacted N.J.S.A. 34:13A-16.7(b), commonly known as the 'two percent salary cap ... term of the collective negotiation agreement in unequal annual percentages. [ N.J.S.A. 34:13A-16.7(b) (2010).] 'This cap, limited to interest arbitration, is ... J. Super. 1, 14 (App. Div. 2016) (emphasis added). Under N.J.S.A. 34:13A-16(g)(6), an element, among many, arbitrators must take into ... R. Grace & Co., 461 U.S. at 766). Moreover, while N.J.S.A. 34:13A-16(g)(6), requires that arbitrators consider the effect of an ...

docket:	a2418-19
court:	NJ Superior Court Appellate Division
decided:	2021-03-18
status:	Unpublished
citation:
Document Size:	45602

29 STATE OF NEW JERSEY v. NEW JERSEY LAW ENFORCEMENT SUPERVISORS ASSOCIATION -- rank: 586

... a broader scope of negotiation than other state employees, because N.J.S.A. 34:13A-16 allows for permissive categories of negotiations in addition to the ...

docket:	a4723-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-27
status:	unpublished
citation:
Document Size:	35940

30 IN THE MATTER OF SOMERSET COUNTY SHERIFF'S OFFICE v. SOMERSET COUNTY SHERIFF'S FOP LODGE #39 -- rank: 584

... the parties submitted the matter to interest arbitration pursuant to N.J.S.A. 34:13A-16. A hearing was held before an arbitrator appointed by PERC ...

docket:	a1899-06
court:	NJ Superior Court Appellate Division
decided:	2008-01-25
status:	published
citation:
Document Size:	62939

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