Search Rutgers Law Library N.J. Court Opinions

16 IN THE MATTER OF THE CITY OF GARFIELD AND GARFIELD PBA LOCAL NO. 46 -- rank: 745

... other than the 5.4(a)(1) charge were dismissed. N.J.S.A. 34:13A-5.4(a)(1) prohibits public employers, their representatives and agents from ... added).] In restating the standard for determining a violation of N.J.S.A. 34:13A-5.4(a)(1), PERC stated its intention to conform its standard ...

docket:	a5842-12
court:	NJ Superior Court Appellate Division
decided:	2014-11-17
status:	unpublished
citation:
Document Size:	31519

17 Paul Barila v. Board of Education of Cliffside Park -- rank: 740

... in dispute is within the scope of collective negotiations.” N.J.S.A. 34:13A-5.4(d). “PERC is [thus] the forum for the initial ... decision, however, is subject to review by the Appellate Division. N.J.S.A. 34:13A-5.4(d). B. We disagree with the Board’s contention that ...

docket:	a-39-18
court:	NJ Supreme Court
decided:	0000-00-00
status:
citation:
Document Size:	94083

18 IN THE MATTER OF CITY OF NEWARK -- rank: 734

... or refusing to process grievances presented by the majority representative. [ N.J.S.A. 34:13A-5.4(a)(1) and (5).] The Unions have not shown that ...

docket:	a0146-21
court:	NJ Superior Court Appellate Division
decided:	2021-09-27
status:	Published
citation:
Document Size:	49081

19 BAYSHORE ENTERPRISES INC. v. PHILIP D. MURPHY -- rank: 734

... alleged refusal to negotiate in good faith in violation of N.J.S.A. 34:13A-5.4(a)(5) is mooted by the subsequent consummation of a ...

docket:	a3616-19
court:	NJ Superior Court Appellate Division
decided:	2021-07-23
status:	Unpublished
citation:
Document Size:	71185

20 EDWARD FLORES v. CITY OF TRENTON -- rank: 728

... City's counterclaims was not an unfair labor practice under N.J.S.A. 34:13A-5.4(a), so the FMBA was not obligated to file a ...

docket:	a0957-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-10
status:	unpublished
citation:
Document Size:	144673

21 PATERSON POLICE PBA LOCAL 1 v. CITY OF PATERSON -- rank: 725

... is negotiable and thus subject to grievance arbitration. See also N.J.S.A. 34:13A-5.4(d). "Absent a pre-arbitration scope petition asserting that negotiations ...

docket:	a1482-12
court:	NJ Superior Court Appellate Division
decided:	2014-01-30
status:	unpublished
citation:
Document Size:	62762

22 EGG HARBOR TOWNSHIP BOARD OF EDUCATION v. EGG HARBOR TOWNSHIP EDUCATION ASSOCIATION -- rank: 725

... Educ. Ass'n , supra , 78 N.J. at 155 (citing N.J.S.A. 34:13A-5.4(d)). PERC's role is to make a threshold determination ... the parties can legally negotiate and make subject to arbitration. N.J.S.A. 34:13A-5.4(d). PERC may not interpret contracts; "contract interpretation is a ...

docket:	a3035-14
court:	New Jersey Superior Court Appellate Division
decided:	2016-02-02
status:	Published
citation:
Document Size:	49153

23 IN THE MATTER OF CITY OF ORANGE TOWNSHIP and PBA LOCAL 89 -- rank: 723

... recommendation, granting the PBA's motion concluding the City violated N.J.S.A. 34:13A-5.4(a)(5) and derivatively (a)(1) of the EERA when ... employees in the exercise of the rights guaranteed to them . . .,' N.J.S.A. 34:13A-5.4(a)(1), and '[r]efusing to negotiate in good faith ... terms and conditions of employment of employees in that unit . . .,' N.J.S.A. 34:13A-5.4(a)(5). The City does not dispute terminal leave is ...

docket:	a4310-18
court:	NJ Superior Court Appellate Division
decided:	2020-06-03
status:	Unpublished
citation:
Document Size:	22215

24 BERGEN COUNTY PBA LOCAL 134 v. KATHLEEN A. DONOVAN -- rank: 723

... with respect to County of Bergen contracts," in violation of N.J.S.A. 34:13A-5.4(b)(3) and (5) of the New Jersey Employer-Employee ... gives PERC exclusive jurisdiction to hear unfair practice charges under N.J.S.A. 34:13A-5.4(a) and (b). N.J.S.A. 34:13A-5.4(c); City of Hackensack v. Winner , 82 N.J. 1 ... Educ. Secretaries , 78 N.J. 1 , 8 n.2 (1978). N.J.S.A. 34:13A-5.4(c) provides: The commission shall have exclusive power as hereinafter ... prevent anyone from engaging in any unfair practice listed in [ N.J.S.A. 34:13A-5.4(a) and (b)]. Whenever it is charged that anyone has ... 501 , 506-07 (Ch. Div. 2001) ("[E]xclusive power" in N.J.S.A. 34:13A-5.4(c) does not deprive court from using "inherent equity ...

docket:	a1810-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-30
status:	published
citation:	436 N.J.Super. 187 92 A.3d 1181
Document Size:	47333

25 IN THE MATTER OF BOROUGH OF BERGENFIELD - and PBA LOCAL 309 - -- rank: 692

... to sign the agreement drafted by the PBA pursuant to N.J.S.A. 34:13A-5.4(a)(6),' which prohibits public employers from '[r]efusing to ... to sign the agreement drafted by the PBA pursuant to N.J.S.A. 34:13A-5.4(a)(6). A-3495-19 10 We cannot agree. This ...

docket:	a3495-19
court:	NJ Superior Court Appellate Division
decided:	2021-10-05
status:	Unpublished
citation:
Document Size:	36258

26 TOWNSHIP OF FRANKLIN v. FRANKLIN TOWNSHIP PBA LOCAL 154 SUPERVISORY OFFICERS ASSOCIATION -- rank: 686

... the scope of collective negotiations.'" Id. at 567-68 (quoting N.J.S.A. 34:13A-5.4(d)). Accordingly, substantial deference is given to PERC's interpretation ...

docket:	a2822-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-08
status:	published
citation:	424 N.J.Super. 369 37 A.3d 1162
Document Size:	42360

27 TOWNSHIP OF FRANKLIN v. FRANKLIN TOWNSHIP PBA LOCAL 154 -- rank: 686

... the scope of collective negotiations.'" Id. at 567-68 (quoting N.J.S.A. 34:13A-5.4(d)). Accordingly, substantial deference is given to PERC's interpretation ...

docket:	a2313-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-08
status:	published
citation:	424 N.J. Super. 369 37 A.3d 1162
Document Size:	42328

28 IN THE MATTER OF BOARD OF FIRE COMMISSIONERS, FIRE DISTRICT NO.1 -- rank: 677

... concluded that the Board violated the Act. Regarding violations of N.J.S.A. 34:13A-5.4(a)(1) and (5), the hearing examiner concluded that the ... loss and [a] reduction in union membership." Regarding violations of N.J.S.A. 34:13A-5.4(3) and (4), the hearing examiner concluded Local 3170 proved ... examiner's findings of fact concluding that the Board violated N.J.S.A. 34:13A-5.4(1), (3), (4), and (5). PERC rejected the Board's ... Twp. of Bridgewater , supra , 95 N.J. at 237 (citing N.J.S.A. 34:13A-5.4(a)(1) and (3)). "Public employers still retain the right ...

docket:	a0765-14
court:	NJ Superior Court Appellate Division
decided:	2015-12-08
status:	published
citation:	443 N.J.Super. 158 128 A.3d 189
Document Size:	63594

29 CITY OF OCEAN CITY v, PUBLIC EMPLOYMENT RELATIONS COMMISSION -- rank: 675

... practice charge was time-barred under the governing statute. See N.J.S.A. 34:13A-5.4(c) (providing 'no complaint shall issue based upon any unfair ... to 'negotiate in good faith with respect to grievances.' Further, N.J.S.A. 34:13A- 5.4(a) prohibits '[p]ublic employers, their representatives[,] or agents' from ...

docket:	a1391-21
court:	NJ Superior Court Appellate Division
decided:	2023-08-18
status:	Unpublished
citation:
Document Size:	29517

30 UNION COUNTY COLLEGE v. UNION COUNTY COLLEGE CHAPTER OF THE AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS -- rank: 649

... Educ., 78 N.J. 144, 154 (1978)). To that end, N.J.S.A 34:13A-5.4(d) provides in pertinent part: The commission shall at all ... in dispute is within the scope of collective negotiations. Under N.J.S.A 34:13A-5.4(d), PERC is ''the forum for the initial determination of ... the Appellate Division.' Barila, 241 N.J. at 614 (citing N.J.S.A. 34:13A-5.4(d)). In Ridgefield Park, the Court further explained the primacy ...

docket:	a3564-19
court:	NJ Superior Court Appellate Division
decided:	2022-05-13
status:	Unpublished
citation:
Document Size:	41093