Search Rutgers Law Library N.J. Court Opinions

16 TEAMSTERS LOCAL 97 v. STATE OF NEW JERSEY -- rank: 977

... 195, IFPTE, AFL-CIO , 88 N.J. 393 , 401 (1982).  N.J.S.A. 34:13A-5.3 provides in part that Representatives designated or selected by ... party without the consent of the other[.]" Teamsters rely on N.J.S.A. 34:13A-5.3, which states in part that "[p]roposed new rules ... plaintiffs' arguments, N.J.S.A. 34:13A-21 and N.J.S.A. 34:13A-5.3 create statutory, not contractual, prohibitions against a party changing ...

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

17 TEAMSTERS LOCAL 97 v. STATE OF NEW JERSEY -- rank: 977

... 195, IFPTE, AFL-CIO , 88 N.J. 393 , 401 (1982).  N.J.S.A. 34:13A-5.3 provides in part that Representatives designated or selected by ... party without the consent of the other[.]" Teamsters rely on N.J.S.A. 34:13A-5.3, which states in part that "[p]roposed new rules ... plaintiffs' arguments, N.J.S.A. 34:13A-21 and N.J.S.A. 34:13A-5.3 create statutory, not contractual, prohibitions against a party changing ...

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

18 IN THE MATTER OF PROBATION ASSOCIATION OF NEW JERSEY AND PETER TORTORETO AND ROBYN GHEE -- rank: 977

... disputes that do not support even a potential violation of N.J.S.A. 34:13A-5.4b(1), and thus are beyond the scope of PERC ... 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 ... prevent anyone from engaging in any unfair practice listed in" N.J.S.A. 34:13A-5.4 a and b. N.J.S.A. 34:13A-5.4c. PERC accepts as a "settled principle" that a union ... 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 ... 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 ...

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

19 In re Plan for the Abolition of the Council on Affordable Housing -- rank: 959

... a), with L. 1973, c. 326, § 2 (codified at N.J.S.A. 34:13A-5.1). The dissent’s contrary conclusion overlooks the specific language ...

docket:	A-127-11
court:	NJ Supreme Court
decided:	2013-07-10
status:
citation:
Document Size:	259342

20 In the Matter of County of Atlantic -- rank: 931

... The unions alleged that Atlantic County had violated the EERA, N.J.S.A. 34:13A-5.4(a)(1), (2), (3), (5), and (7), by refusing ... 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 ... 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 ... 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 ... 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 ... of the rules and regulations established by the commission.” N.J.S.A. 34:13A-5.4(a)(2), (3), and (7). 5 Article XV ...

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

21 Inthe Matter of County of Atlantic -- rank: 931

... The unions alleged that Atlantic County had violated the EERA, N.J.S.A. 34:13A-5.4(a)(1), (2), (3), (5), and (7), by refusing ... 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 ... 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 ... 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 ... 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 ... of the rules and regulations established by the commission.” N.J.S.A. 34:13A-5.4(a)(2), (3), and (7). 5 Article XV ...

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

22 Moshe Rozenblit v. Marcia V. Lyles -- rank: 911

... the delivery and avoid the disruption of public services.” N.J.S.A. 34:13A-5.12. As to the second prong, the release time is ... negotiations determination before PERC, which has primary jurisdiction pursuant to N.J.S.A. 34:13A-5.4 “to determine in the first instance whether a ... 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 ... 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 ... 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 ... “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. ...

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

23 IN THE MATTER OF CITY OF NEWARK -- rank: 908

... practice charges with PERC, alleging the City violated EERA, specifically, N.J.S.A. 34:13A-5.4(a)(1), (3), and (5).2 One unfair practice ... Practices dismissed the SOA's allegation that the City violated N.J.S.A. 34:13A-5.4(a)(7), 'Violating any of the rules and regulations ... a refusal to negotiate in good faith in violation of [N.J.S.A. 34:13A]-5.4(a)(5).' The hearing examiner noted it was not ... the City violated sections (a)(1) and (a)(5) of N.J.S.A. 34:13A-5.4. Among other things, her recommended order required the City ... 3336-20 5 this agency will initiate litigation pursuant to N.J.S.A. 34:13A-5.4(f) to secure compliance and enforcement of the [o ... a refusal to negotiate in good faith in violation of [N.J.S.A. 34:13A-]5.4(a)(5).' The hearing examiner specifically noted that ' ...

docket:	a3336-20
court:	NJ Superior Court Appellate Division
decided:	2022-03-24
status:	Unpublished
citation:
Document Size:	20821

24 IN THE MATTER OF COUNTY OF ESSEX AND FOP LODGE 106, ET AL. -- rank: 905

... of Chosen Freeholders, 116 N.J. 322, 327-28 (1989); N.J.S.A. 34:13A-5.2. Under N.J.S.A. 34:13A-5.4(c), PERC has 'exclusive power . . . to prevent anyone from ... 106 and the three other unions claimed the County violated N.J.S.A. 34:13A-5.4(a)(1) and (5), 2 by unilaterally changing the ... exercise of the rights guaranteed to them by [the EERA],' N.J.S.A. 34:13A-5.4(a)(1); and '[r]efusing to negotiate in good ... or refusing to process grievances presented by the majority representative ,' N.J.S.A. 34:13A-5.4(a)(5). A-3809-22 9 The SHBC issued ... sessions did not constitute good-faith negotiations as required by N.J.S.A. 34:13A-5.4(a)(5). In reaching her conclusion, the examiner ...

docket:	a3809-22
court:	appellate
decided:	2024-05-03
status:	Unpublished
citation:
Document Size:	61776

25 COMMUNICATIONS WORKERS OF AMERICA, LOCAL 1034 v. NEW JERSEY STATE POLICEMEN\'S BENEVOLENT ASSOCIATION, LOCAL 203 -- rank: 897

... 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 ... 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 ... 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 ... 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 ... 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 ... 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 " ...

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

26 IN THE MATTER OF CITY OF EAST ORANGE AND EAST ORANGE SUPERIOR OFFICERS ASSOCIATION -- rank: 885

... N.J.S.A. 34:13A-1 to -64, specifically N.J.S.A. 34:13A- 5.4(a)(1) and (5), by unilaterally implementing a sick ... the City's unilateral implementation of RGO 6:27 violated N.J.S.A. 34:13A-5.4(a)(1) and (5). In February 2020, the Director ... 20 2 examiner. In its answer, the City denied violating N.J.S.A. 34:13A-5.4(a)(1) and (5) and asserted certain affirmative defenses ... s unilateral, unnegotiated implementation of RGO Order 6:27 violated N.J.S.A. 34:13A-5.4(a)(1) and (5). She issued a recommended order ... 453 N.J. Super. 408, 413 (App. Div. 2018) (citing N.J.S.A. 34:13A-5.4(d)). Our scope of review is limited. 'PERC's ... expressed in its final decision. We add the following comments. N.J.S.A. 34:13A-5.3 requires that: 'the majority representative and designated representatives ...

docket:	a2786-20
court:	NJ Superior Court Appellate Division
decided:	2022-05-04
status:	Unpublished
citation:
Document Size:	40491

27 IN THE MATTER OF STATE OF NEW JERSEY DIVISION OF STATE POLICE v. STATE TROOPERS FRATERNAL ASSOCIATION OF NEW JERSEY -- rank: 879

... the hiatus period between agreements.' Id. at 253-54 (citing N.J.S.A. 34:13A-5.3, - 5.4(a)(1), and -5.4(a)(5 ... 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 ...

docket:	a0526-16
court:	NJ Superior Court Appellate Division
decided:	2018-07-09
status:	unpublished
citation:
Document Size:	81346

28 In the Matter of HUNTERDON COUNTY -- rank: 868

... union could not obtain fees without the employer's agreement. N.J.S.A. 34:13A-5.5 and -5.6. In this case, CWA Local 1034 ... employees in the bargaining unit, regardless of union membership status. N.J.S.A. 34:13A-5.3. Thus, the right of exclusive representation was inextricably linked ... a bargained-for provision of a negotiated collective bargaining agreement. N.J.S.A. 34:13A-5.6. The statute also required that the demand and return ... agreement has been reached, provided two statutory conditions are met. N.J.S.A. 34:13A-5.5. Rather, the County challenged the jurisdiction of PERC to ... 1979 amendments to EERA, New Jersey's agency fee statute, N.J.S.A. 34:13A-5.5 to -5.9, has been upheld in both federal ... not to exceed 85% of dues paid by voluntary members. N.J.S.A. 34:13A-5.5(b). Our Supreme Court, in Boonton , upheld the ...

docket:	A1869-02
court:	NJ Superior Court Appellate Division
decided:	2004-06-01
status:	published
citation:	369 N.J. Super. 572 850 A.2d 494
Document Size:	47997

29 /usr/local/share/www/libweb/collections/courts/supreme/a2579-13.opn.html -- rank: 857

... Thus, the court concluded that PERC had exclusive jurisdiction under N.J.S.A. 34:13A-5.4(c), and that the Local's grievance was not ... arbitration clause shall be resolved in favor of requiring arbitration." N.J.S.A. 34:13A-5.3. Moreover, "'[a]n agreement relating to arbitration should thus ... and employee organizations in subsection(s) a. and b. of N.J.S.A. 34:13A-5.4. One unfair practice listed in subsection a. is that ... terms and conditions of employment of employees in that unit[.]" N.J.S.A. 34:13A-5.4(a)(5). The Act provides that PERC "shall have ... any unfair practice listed in subsections a. and b. above." N.J.S.A. 34:13A-5.4(c). Thus, PERC has "exclusive jurisdiction over those unfair ... Hackensack v. Winner , 82 N.J. 1 , 26 (1980) (citing N.J.S.A. 34:13A-5.4(a)(5), (c)). "The Legislature obviously believed that ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	39275

30 /usr/local/share/www/libweb/collections/courts/appellate/a3950-19.opn.html -- rank: 851

... 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 ... 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 ...

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