Search Rutgers Law Library N.J. Court Opinions

16 Inthe Matter of County of Atlantic -- rank: 936

... doctrine, which was originally derived from PERC’s interpretation of N.J.S.A. 34:13A-5.3, “as an act of mere policymaking.” Id. at ... interests and negotiate agreements on their behalf with an employer. N.J.S.A. 34:13A-5.3. In addition, the EERA provides that “[p]roposed new ... governed working conditions during the hiatus period between agreements. See N.J.S.A. 34:13A-5.3, -5.4(a)(1), and -5.4(a)(5) . IV ... first attempting to negotiate in good faith, in violation of N.J.S.A. 34:13A-5.3, -5.4(a)(1), and -5.4(a)(5). We ...

docket:	A-100-15
court:	NJ Supreme Court
decided:	2017-08-02
status:
citation:	230 N.J. 237 166 A.3d 1112
Document Size:	151950

17 In the Matter of County of Atlantic -- rank: 936

... doctrine, which was originally derived from PERC’s interpretation of N.J.S.A. 34:13A-5.3, “as an act of mere policymaking.” Id. at ... interests and negotiate agreements on their behalf with an employer. N.J.S.A. 34:13A-5.3. In addition, the EERA provides that “[p]roposed new ... governed working conditions during the hiatus period between agreements. See N.J.S.A. 34:13A-5.3, -5.4(a)(1), and -5.4(a)(5) . IV ... first attempting to negotiate in good faith, in violation of N.J.S.A. 34:13A-5.3, -5.4(a)(1), and -5.4(a)(5). We ...

docket:	A-99-15
court:	NJ Supreme Court
decided:	2017-08-02
status:
citation:
Document Size:	151779

18 Moshe Rozenblit v. Marcia V. Lyles -- rank: 927

... County of Atlantic, 230 N.J. 237, 252 (2017) (citing N.J.S.A. 34:13A-5.3). In the EERA, the Legislature declared it to be the ... negotiated with the majority representative before they are established.” N.J.S.A. 34:13A-5.3. Moreover, “the majority representative and designated representatives of the ... unauthorized by N.J.S.A. 18A:27-4 or N.J.S.A. 34:13A-5.3 to agree to a plan incentivizing employees to retire early ... “rules governing working conditions” be negotiated in collective bargaining. N.J.S.A. 34:13A-5.3. Further, our construction of N.J.S.A. 18A:30 ...

docket:	a-41-19
court:	NJ Supreme Court
decided:	0000-00-00
status:
citation:
Document Size:	80328

19 Mount Holly Township Board of Education v. Mount Holly Township Education Association -- rank: 919

... this case is consistent with the Legislature's amendment to N.J.S.A. 34:13A-5.3 extending a presumption in favor of arbitration to public employees ... clause, "doubts should be resolved in favor of requiring arbitration." N.J.S.A. 34:13A-5.3. Accordingly, on remand, Gonzalez is entitled to a hearing before ... the import of the presumption in favor of arbitrability in N.J.S.A. 34:13A-5.3. The Appellate Division ruling, it argues, undermines the constitutional and ... 181 N.J. 187 (2004), and that the amendment to N.J.S.A. 34:13A-5.3 following that decision -- and adding a presumption in favor of ... concerning the terms and conditions of employment of the employees." N.J.S.A. 34:13A-5.3. Representatives are charged with protecting and advancing the interests of ... 203-05. In the aftermath of Camden , the Legislature amended N.J.S.A. 34:13A-5.3, effective January 12, 2006, and adopted the following presumption ...

docket:	a-24-08
court:
decided:	2009-06-24
status:
citation:
Document Size:	124551

20 IN THE MATTER OF BELLEVILLE EDUCATION ASSOCIATION -- rank: 899

... Cty. of Atl., 230 N.J. 237, 252 (2017) (citing N.J.S.A. 34:13A-5.3). It prohibits a public employer from 'interfering with, restraining or ...

docket:	a5104-14
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-16
status:	Published
citation:
Document Size:	59536

21 IN THE MATTER OF COUNTY OF ATLANTIC -- rank: 886

... 236). The Court drew a parallel between that principle and N.J.S.A. 34:13A-5.3. The statute stated then as it does now, that "new ... has incorporated a rule similar to that of Katz in . . . N.J.S.A. 34:13A-5.3. [ NJ Galloway , supra , 78 N.J. at 48.] Since compensation ... would constitute a modification thereof without the negotiation mandated by N.J.S.A. 34:13A-5.3 and would thus violate N.J.S.A. 34:13A ... N.J. 187 , 203-07 (2004), in part, by amending N.J.S.A. 34:13A-5.3, effective Jan. 12, 2006, to set forth a presumption in ... regulation nor a policy statement. It is an interpretation of N.J.S.A. 34:13A-5.3, which PERC developed when assessing unfair labor practice charges, in ... would constitute a modification thereof without the negotiations mandated by N.J.S.A. 34:13A-5.3 and thus would violate N.J.S.A. 34: ...

docket:	a2477-13
court:	NJ Superior Court Appellate Division
decided:	2016-03-09
status:	published
citation:	445 N.J.Super. 1 135 A.3d 968
Document Size:	64722

22 COMMUNICATIONS WORKERS OF AMERICA, LOCAL 1034 v. NEW JERSEY STATE POLICEMEN\'S BENEVOLENT ASSOCIATION, LOCAL 203 -- rank: 874

... employee organization that admits employees other than policemen to membership." N.J.S.A. 34:13A-5.3. The Public Employment Relations Commission (PERC) has determined that assistant ... 106. We conclude that PERC has given greater effect to N.J.S.A. 34:13A-5.3 than the Legislature intended and, for that reason, reverse and ... determined that the employees were "policemen" within the meaning of N.J.S.A. 34:13A-5.3, severed them from the CWA, which admits employees other than ... that the employees affected are "policemen" within the meaning of N.J.S.A. 34:13A-5.3 and, therefore, prohibited from belonging to a union that admits ... does not make these assistant superintendents and apprentices "policemen" under N.J.S.A. 34:13A-5.3. PBA Local 203 contends that PERC correctly followed its own ... arise that could impede the collective bargaining process." As noted, N.J.S.A. 34:13A-5.3 provides, with certain exceptions not pertinent here, that "no ...

docket:	a1394-08
court:	superior court appellate division
decided:	2010-03-11
status:	published
citation:	412 N.J. Super. 286 989 A.2d 1267
Document Size:	65143

23 COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO v. CHRIS CHRISTIE -- rank: 866

... majority of public employees is chosen by those employees alone. N.J.S.A. 34:13A-5.3. Once chosen, the State is required to negotiate in good ... authorized to engage in collective negotiations with the public employer. N.J.S.A. 34:13A-5.3. The negotiations are designed to produce a collective bargaining agreement ...

docket:	a2997-09
court:	New Jersey Superior Court Appellate Division
decided:	2010-05-07
status:	published
citation:
Document Size:	142483

24 COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO v. CHRIS CHRISTIE -- rank: 866

... majority of public employees is chosen by those employees alone. N.J.S.A. 34:13A-5.3. Once chosen, the State is required to negotiate in good ... authorized to engage in collective negotiations with the public employer. N.J.S.A. 34:13A-5.3. The negotiations are designed to produce a collective bargaining agreement ...

docket:	a2996-09
court:	New Jersey Superior Court Appellate Division
decided:	2010-05-07
status:	published
citation:
Document Size:	142484

25 COMMUNICATIONS WORKERS OF AMERICA v. CHRIS CHRISTIE Governor of the State of New Jersey -- rank: 861

... majority of public employees is chosen by those employees alone. N.J.S.A. 34:13A-5.3. Once chosen, the State is required to negotiate in good ... authorized to engage in collective negotiations with the public employer. N.J.S.A. 34:13A-5.3. The negotiations are designed to produce a collective bargaining agreement ...

docket:	a2871-09
court:	New Jersey Superior Court Appellate Division
decided:	2010-05-07
status:	Published
citation:	413 N.J. Super. 229 994 A.2d 545
Document Size:	144676

26 /usr/local/share/www/libweb/collections/courts/appellate/a3950-19.opn.html -- rank: 847

... for more than five working days at any one time. N.J.S.A. 34:13A-5.3; N.J.A.C. 4A:2-2.2(a). By ... a suspension or fine of five working days or less. N.J.S.A. 34:13A-5.3; N.J.A.C. 4A:2-3.1(a). Under ...

docket:
court:
decided:
status:
citation:
Document Size:	112007

27 IN THE MATTER OF PROBATION ASSOCIATION OF NEW JERSEY AND PETER TORTORETO AND ROBYN GHEE -- rank: 838

... reprisal, to form, join and assist any employee organization." See N.J.S.A. 34:13A-5.3; In re Hunterdon Cnty. Bd. of Chosen Freeholders , 116 N ... represent its members fairly in contract negotiations and grievance processing, N.J.S.A. 34:13A-5.3; OPEIU Local 153 (Johnstone) , P.E.R.C. No. 84 ... suggests that its protections could be so narrowly construed. See N.J.S.A. 34:13A-5.3, -5.4b(1). Rinaldo involved the expulsion of a local ... coerced him" in the exercise of his right, pursuant to N.J.S.A. 34:13A-5.3, to "form, join and assist any employee organization." Id. at ... working conditions will be." Id. at 13. Thus, PERC concluded, N.J.S.A. 34:13A-5.3 establishes a right to membership in an employee's majority ... explicitly protects the right to "assist" in a labor organization, N.J.S.A. 34:13A-5.3. Here, both Tortoreto and Ghee were barred from participating ...

docket:	a2101-13
court:	NJ Superior Court Appellate Division
decided:	2015-09-01
status:	published
citation:	442 N.J.Super. 185 121 A.3d 899
Document Size:	34654

28 FIRE DISTRICT 1 OF THE TOWNSHIP OF WOODBRIDGE v. PUBLIC EMPLOYMENT RELATIONS COMMISSION -- rank: 830

... liberally to find arbitrability if reasonably possible. They contend that N.J.S.A. 34:13A-5.3 creates a presumption of arbi�trability and argue that CNA ... do not apply to plaintiff and predate the amendment to N.J.S.A. 34:13A-5.3 creating a presumption of arbi�trability. They contend that the ... fines of five days or less in one calendar year. [ N.J.S.A. 34:13A-5.3.] In rejecting arbitrability of a decision not to renew a ... 203 (2004). In response to this statement, the Legislature amended N.J.S.A. 34:13A-5.3 to add the following language: "In interpreting the meaning and ... discipline is concerned. We are led to this conclusion because N.J.S.A. 34:13A-5.3 requires that negotiated disciplinary review procedures " shall be included in ... as a term and condition of employment by virtue of N.J.S.A. 34:13A-5.3, we need only determine "whether it was in fact ...

docket:	a0407-08
court:	NJ Superior Court Appellate Division
decided:	2009-06-25
status:	unpublished
citation:
Document Size:	80799

29 IN THE MATTER OF P.L. 2001, CHAPTER 362. v. THE STATE OF NEW JERSEY -- rank: 802

... that directive on the ground it was in violation of N.J.S.A. 34:13A-5.3, a section of the New Jersey Employer-Employee Relations Act ... rule against the alteration of existing working terms and conditions. N.J.S.A. 34:13A-5.3 provides that "[p]roposed new rules or modifications of existing ...

docket:	a3389-03
court:	njappellate
decided:	2005-02-18
status:	published
citation:	*CITE_PENDING*
Document Size:	103391

30 IN THE MATTER OF P.L. 2001, CHAPTER 362. v. THE STATE OF NEW JERSEY -- rank: 802

... that directive on the ground it was in violation of N.J.S.A. 34:13A-5.3, a section of the New Jersey Employer-Employee Relations Act ... rule against the alteration of existing working terms and conditions. N.J.S.A. 34:13A-5.3 provides that "[p]roposed new rules or modifications of existing ...

docket:	a3370-03
court:	njappellate
decided:	2005-02-18
status:	published
citation:	375 N.J. Super. 485
Document Size:	103415