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 Results for ("N.J.S.A. 34:13a-5")   46 to 60 of 215 results. Run time: 0.772 seconds | Search time: 0.765 seconds    
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46 FIRE DISTRICT 1 OF THE TOWNSHIP OF WOODBRIDGE v. PUBLIC EMPLOYMENT RELATIONS COMMISSION -- rank: 782
... 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 ... 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 ... public employ�ment relating to dispute settlement [and] grievance procedures." N.J.S.A. 34:13A-5.2. Importantly to the interpretation of the CNA before us ... 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 ... 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 ... 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 ...
docket: a0407-08
court: NJ Superior Court Appellate Division
decided: 2009-06-25
status: unpublished
citation:
Document Size: 80799
47 IN THE MATTER OF BOARD OF FIRE COMMISSIONERS, FIRE DISTRICT NO.1 -- rank: 779
... 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 ... 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 ... 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 ... 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 ... the tangible employment decisions made by a public employer. See N.J.S.A. 34:13A-5.2 (granting PERC remedial authority to "make policy and establish ...
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
48 IN THE MATTER OF THE CITY OF GARFIELD AND GARFIELD PBA LOCAL NO. 46 -- rank: 777
... 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 ... for any dispute covered by the terms of such agreement. [ N.J.S.A. 34:13A-5.3.] The Hearing Examiner found that Garnto and Gongora were ... 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 ... arbitration. N.J.S.A. 34:13A-29; see also N.J.S.A. 34:13A-5.3. Therefore, to determine whether the activity here was protected ...
docket: a5842-12
court: NJ Superior Court Appellate Division
decided: 2014-11-17
status: unpublished
citation:
Document Size: 31519
49 EGG HARBOR TOWNSHIP BOARD OF EDUCATION v. EGG HARBOR TOWNSHIP EDUCATION ASSOCIATION -- rank: 759
... charged with administering the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-5.2, and has primary jurisdiction to determine "whether the subject ... 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 ... 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 ... 187 , 201-02 (2004), superseded in part by amendments to N.J.S.A. 34:13A-5.3. 4 See also Pascack Valley , supra , 192 N.J ... of the presumption of arbitrability," suggesting the legislative enactment of N.J.S.A. 34:13A-5.3 has changed the law of the substantive arbitrability. Specifically ... supra , 199 N.J. at 333 (discussing the adoption of N.J.S.A. 34:13A-5.3.) 6 We disagree with the overbroad generalization mandating ...
docket: a3035-14
court: New Jersey Superior Court Appellate Division
decided: 2016-02-02
status: Published
citation:
Document Size: 49153
50 IN THE MATTER OF CITY OF ORANGE TOWNSHIP and PBA LOCAL 89 -- rank: 754
... 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 ... Cty. of Atlantic, 230 N.J. 237, 252 (2017) (citing N.J.S.A. 34:13A-5.3). The EERA also provides that '[p]roposed new rules ... with the majority representative before they are established.' Ibid. (quoting N.J.S.A. 34:13A-5.3). Thus, employers are prohibited from 'unilaterally altering . . . mandatory bargaining ... 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 ... 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 ...
docket: a4310-18
court: NJ Superior Court Appellate Division
decided: 2020-06-03
status: Unpublished
citation:
Document Size: 22215
51 Paul Barila v. Board of Education of Cliffside Park -- rank: 745
... to negotiate agreements covering all employees in the unit.” N.J.S.A. 34:13A-5.3. On July 1, 2012, the Board and the Association ... disciplinary disputes, and other terms and conditions of employment.” N.J.S.A. 34:13A-5.3. Public employers “are barred from ‘unilaterally altering ... 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 ... 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 ...
docket: a-39-18
court: NJ Supreme Court
decided: 0000-00-00
status:
citation:
Document Size: 94083
52 IN THE MATTER OF BOROUGH OF BERGENFIELD - and PBA LOCAL 309 - -- rank: 742
... 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 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 ...
docket: a3495-19
court: NJ Superior Court Appellate Division
decided: 2021-10-05
status: Unpublished
citation:
Document Size: 36258
53 IN THE MATTER OF ROBBINSVILLE TOWNSHIP BOARD OF EDUCATION v. WASHINGTON TOWNSHIP EDUCATION ASSOCIATION -- rank: 742
... filed unfair practice charges against the Board for violations of N.J.S.A. 34:13A-5.4a(1), (2) and (5) on June 11, 2010. The ... administration . . . to implement fully all the provisions of this act." N.J.S.A. 34:13A-5.2. "Generally 'we will not upset a State agency's ... organization is authorized to negotiate "terms and conditions of employment." N.J.S.A. 34:13A-5.3. So too, public employers are required to negotiate with ... Act prohibits employers from refusing to negotiate in good faith. N.J.S.A. 34:13A-5.4(a)(5). However, the scope of those negotiations is ... whether a particular subject is within the scope of negotiations. N.J.S.A. 34:13A-5.4(d). PERC's determination implicates the dichotomy our Court ... to talk with the Superintendent regarding these issues. We disagree. N.J.S.A. 34:13A-5.4(a)(1) and (2) prohibits public employers, their ...
docket: a2122-13
court: NJ Superior Court Appellate Division
decided: 2015-08-07
status: unpublished
citation:
Document Size: 25912
54 /usr/local/share/www/libweb/collections/courts/appellate/a1228-19.opn.html -- rank: 742
... re Loc. 195, IFPTE, 88 N.J. 393, 401 (1982)). N.J.S.A. 34:13A-5.4(d) 'assign[s] . . . PERC . . . 'the power and duty'' to ... Loc. 195, 88 N.J. at 417), and also that N.J.S.A. 34:13A-5.3 provides in part that 'disciplinary review procedures are mandatorily ... predominantly involved a form of discipline triggering the application of N.J.S.A. 34:13A-5.3.' Id. at 8. For that reason, PERC concluded the ...
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55 /usr/local/share/www/libweb/collections/courts/supreme/a-2-19.opn.html -- rank: 737
... Emps. Ass’n, 453 N.J. Super. at 413 (citing N.J.S.A. 34:13A-5.4(d)). As we have noted, [t]he judicial role ...
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56 IN THE MATTER OF P.L. 2001, CHAPTER 362. v. THE STATE OF NEW JERSEY -- rank: 734
... 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 ... 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 ...
docket: a3370-03
court: njappellate
decided: 2005-02-18
status: published
citation: 375 N.J. Super. 485
Document Size: 103415
57 IN THE MATTER OF CITY OF NEWARK -- rank: 734
... the vaccination mandate before it is implemented. They rely on N.J.S.A. 34:13A- 5.3, which states: 'Proposed new rules or modifications of existing ... 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 ...
docket: a0146-21
court: NJ Superior Court Appellate Division
decided: 2021-09-27
status: Published
citation:
Document Size: 49081
58 IN THE MATTER OF P.L. 2001, CHAPTER 362. v. THE STATE OF NEW JERSEY -- rank: 734
... 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 ... 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 ...
docket: a3389-03
court: njappellate
decided: 2005-02-18
status: published
citation: *CITE_PENDING*
Document Size: 103391
59 IN THE MATTER OF RUTGERS THE STATE UNIVERSITY OF NEW JERSEY - and AAUP's BIOMEDICAL AND HEALTH SCIENCES OF NEW JERSEY -- rank: 722
... were filed after the six-month filing deadline established in N.J.S.A. 34:13A-5.4(c). The Director found that as of July 2 ... that AAUP breached its duty of fair representation pursuant to N.J.S.A. 34:13A- 5.7. The Director determined, however, that AAUP's decision that ... withdrawal procedures set forth in the Workplace Democracy Enhancement Act, N.J.S.A. 34:13A-5.11 to -5.15, or the CNA. In addition, the ... constitute an unfair practice within the meaning of the Act. N.J.S.A. 34:13A-5.4(c); N.J.A.C. 19:14-2.1 ... computed from the day he was no longer so prevented. [N.J.S.A. 34:13A-5.4(c).] Having carefully reviewed Spinnato's arguments in light ... not, even if not in compliance with the CNA or N.J.S.A. 34:13A-5.11 to -5.15, constitute an unfair labor practice ...
docket: a4178-19
court: NJ Superior Court Appellate Division
decided: 2022-10-03
status: Unpublished
citation:
Document Size: 17781
60 /usr/local/share/www/libweb/collections/courts/supreme/a0328-15.opn.html -- rank: 722
... County did not file the required scope of negotiations petition. N.J.S.A. 34:13A-5.4(d) states that PERC "shall at all times have ... Bd. of Educ. , 78 N.J. 144 , 154 (1978) (citing N.J.S.A. 34:13A-5.4(d)). "Absent a pre-arbitration scope petition asserting that ...
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court: NJ Superior Court Law/Chancery Division
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