Search Rutgers Law Library N.J. Court Opinions

61 /usr/local/share/www/libweb/collections/courts/appellate/a3426-19.opn.html -- rank: 717

... have been brought before PERC. The judge reasoned that, under N.J.S.A. 34:13A-5.2, -5.3, and - 5.4, PERC is the 'exclusive ... this court concluded that PERC jurisdiction was appropriate, pursuant to N.J.S.A. 34:13A- 5.4b(1), where unfair practice charges concerning internal union disputes ... to 'assist' in a labor organization.' Id. at 195 (citing N.J.S.A. 34:13A-5.3, -5.4b(1)). We determined in PANJ that where ... employment conditions. As a result, PERC jurisdiction was appropriate under N.J.S.A. 34:13A-5.3. Id. at 195. Thus, the interference contemplated by N.J.S.A. 34:13A-5.4b(1) includes the expulsion and suspension of union members ... differs from Sheet Metal Workers, and implicates the tenets of N.J.S.A. 34:13A-5.3 and -5.4b(1) as to whether an ...

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62 IN THE MATTER OF NEW BRUNSWICK MUNICIPAL EMPLOYEES ASSOCIATION -- rank: 714

... matter in dispute is within the scope of collective negotiations. N.J.S.A. 34:13A-5.4(d); State v. State Supervisory Emps. Ass'n, 78 ... PERC's determination of course has recourse to this court, N.J.S.A. 34:13A-5.4(d), the scope of our review is narrow. State ...

docket:	a1041-16
court:	NJ Superior Court Appellate Division
decided:	2018-03-02
status:	published
citation:	453 N.J.Super. 408 182 A.3d 394
Document Size:	74303

63 /usr/local/share/www/libweb/collections/courts/appellate/a3625-18.opn.html -- rank: 711

... The Director found that academic specialists are not supervisors under N.J.S.A. 34:13A-5.3, and share a community of interest with existing Unit ... to join 'employee organizations' to represent them in 'collective negotiations.' N.J.S.A. 34:13A-5.3. Under one such exception, 'any supervisor having the power ... and he cited to the Workplace Democracy Enhancement Act (WDEA), N.J.S.A. 34:13A-5.11 to -5.15, as additional support for the decision ... excluded from a unit that included non-supervisory personnel. See N.J.S.A. 34:13A-5.3, - 6(d). The statute defines a supervisor as someone ... to hire, discharge, discipline, or to effectively recommend the same.' N.J.S.A. 34:13A- 5.3. There is no dispute that academic specialists lack the ... a community of interest among academic specialists and unit members. N.J.S.A. 34:13A-5.3 directs the Commission to define a negotiations unit ' ...

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64 Dr. Leo Troy, et als. v. Rutgers, the State University -- rank: 708

... that is the case, plaintiffs would be precluded from recovering.      N.J.S.A. 34:13A-5.3 provides that representatives selected by public employees for collective ... or violation of policies, agreements, and administrative decisions . . . affecting them.” N.J.S.A. 34:13A-5.3. The grievance procedures established under the collective agreement “shall ... and conditions of employment” under the Employer-Employee Relations Act, N.J.S.A. 34:13A-5.3. Although the establishment of a school calendar is a ...

docket:	a-17-00
court:	njsupreme
decided:	2001-06-20
status:
citation:	168 N.J. 354
Document Size:	93719

65 DIVISION OF STATE POLICE v. NEW JERSEY STATE TROOPER CAPTAINS ASSOCIATION -- rank: 708

... organization is authorized to negotiate "terms and conditions of employment." N.J.S.A. 34:13A-5.3. However, while the Act applies broadly to "public employees ...

docket:	a6095-11
court:	NJ Superior Court Appellate Division
decided:	2015-06-08
status:	published
citation:	441 N.J.Super. 55 116 A.3d 63
Document Size:	46479

66 Board of Education of the Borough of Alpha, Warren County v. Alpha EducationAssociation -- rank: 708

... for public sector negotiations, was overruled when the Legislature amended N.J.S.A. 34:13A-5.3 to provide that a court “shall be bound by ... that the Legislature overruled the above conclusion when it amended N.J.S.A. 34:13A-5.3, effective January 12, 2006, to provide that “[i]n ...

docket:	a-79-05
court:	njsupreme
decided:	2006-12-21
status:
citation:	188 N.J. 595
Document Size:	70442

67 /usr/local/share/www/libweb/collections/courts/appellate/a0597-17.opn.html -- rank: 694

... and to negotiate agreements covering all employees in the unit[.]' N.J.S.A. 34:13A-5.3. It further states that '[w]hen an agreement is ... 168 N.J. 354, 379 (2001) (alteration in original) (quoting N.J.S.A. 34:13A-5.3). Additionally, the grievance procedures established in the agreement 'shall ... of such agreement[,]' and the EERA explicitly permits binding arbitration. N.J.S.A. 34:13A-5.3. 'Nevertheless, the question whether a particular dispute is arbitrable ... arbitration clause shall be resolved in favor of requiring arbitration.' N.J.S.A. 34:13A-5.3. In his pleadings, plaintiff specifically names only one contract ...

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68 GLOUCESTER CITY BOARD OF EDUCATION v. GLOUCESTER CITY EDUCATION ASSOCIATION -- rank: 691

... 26 (1982) (citing N.J. Const. art. I, ¶ 19; N.J.S.A. 34:13A-5.3)). '[T]he majority representative and designated representatives of the ... reasonable times and negotiate . . . other terms and conditions of employment.' N.J.S.A. 34:13A-5.3. 'However, 'the scope of negotiations in the public sector ... Bd. of Educ., 78 N.J. 144, 154 (1978) (citing N.J.S.A. 34:13A-5.4(d)). '[T]here are but two categories of subjects ...

docket:	a4464-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-07
status:	Unpublished
citation:
Document Size:	50820

69 UNION COUNTY COLLEGE v. UNION COUNTY COLLEGE CHAPTER OF THE AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS -- rank: 688

... at reasonable times and negotiate . . . terms and conditions of employment.' N.J.S.A. 34:13A-5.3. 'However, 'the scope of negotiations in the public sector ... 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 ... 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 ... 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 ...

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

70 IN THE MATTER OF RUTGERS, THE STATE UNIVERSITY OF NEW JERSEY - and FRATERNAL ORDER OF POLICE LODGE 62 - -- rank: 685

... Specifically, PERC 2 A-0990-16T3 determined that amendments to N.J.S.A. 34:13A-5.3 in 20031 and 20052 had not altered the holdings ... J. Super. 1 L. 2003, c. 119, § 2 amended N.J.S.A. 34:13A-5.3 to permit binding arbitration of disputes involving major discipline ... 248 at 4-5 (1995) (same). The Union asserts 'that N.J.S.A. 34:13A-5.3, as amended in 2005, expressly provides for arbitration of ... it pertains to binding arbitration of disputes involving major discipline, N.J.S.A. 34:13A-5.3 as amended in 2003 and 2005 provides: Where the ... FOP presents no argument based on the current provisions of N.J.S.A. 34:13A- 5.3 addressing arbitration and major discipline.'); In re Rutgers, The ... assail PERC's reasonable interpretation of the 2003 amendment to N.J.S.A. 34:13A-5.3 as limited to the State of New Jersey, ...

docket:	a0990-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-27
status:
citation:
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71 IN THE MATTER OF TOWNSHIP OF MIDDLETOWN and PBA LOCAL 124 IN THE MATTER OF TOWNSHIP OF MIDDLETOWN and PBA LOCAL 124 -- rank: 682

... overtime. Therefore, the hearing examiner concluded that the Township violated N.J.S.A. 34:13A-5.3, the Township was required to negotiate with the PBA ... s expertise is a factor, to that expertise." Ibid. Under N.J.S.A. 34:13A-5.2, PERC is empowered to "make policy and establish rules ... this case does, claims under the Employer-Employee Relations Act. N.J.S.A. 34:13A-5.3 requires a public employer to negotiate conditions established by ... the Township had violated its duty to negotiate pursuant to N.J.S.A. 34:13A-5.3 when it unilaterally changed a practice relating to initial ...

docket:	a1513-06 a1513-06
court:	NJ Superior Court Appellate Division
decided:	2008-08-14 2008-08-14
status:	unpublished Unpublished
citation:
Document Size:	53787

72 TOWNSHIP OF TEANECK v. TEANECK FIREMEN'S MUTUAL BENEVOLENT ASSOCIATION LOCAL NO. 42, -- rank: 682

... considering whether the evidence adduced at arbitration supported the award. N.J.S.A. 34:13A-5.3, public employers and employees are authorized to negotiate "terms ... condition of employment for both police officers and firefighters under N.J.S.A. 34:13A-5.3 a modification of the officers' contract governing workday conditions ...

docket:	A1850-99
court:	NJ Superior Court Appellate Division
decided:	2002-07-16
status:	published
citation:	353 N.J. Super. 289 802 A.2d 569
Document Size:	40885

73 IN THE MATTER OF BETHLEHEM TOWNSHIP BOARD OF EDUCATION -- rank: 674

... Association's unfair practice charge alleged that the Board violated N.J.S.A. 34:13A-5.4a(1) 2 and (5) 3 of the Act when ... created by the Legislature to carry out this public policy. N.J.S.A. 34:13A-5.2. PERC's decision under these circumstances is supported by ... petition for this interim relief and dismissed the petition. 2 N.J.S.A. 34:13A-5.4a(1) prohibits public employers or their representatives or agents ... of the rights guaranteed to them by this act." 3 N.J.S.A. 34:13A-5.4a(5) prohibits public employers or their representatives or agents ...

docket:	a2996-13
court:	NJ Superior Court Appellate Division
decided:	2015-08-13
status:	unpublished
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74 IN THE MATTER OF RUTGERS THE STATE UNIVERSITY -- rank: 671

... for any dispute covered by the terms of such agreement. [ N.J.S.A. 34:13A-5.3.] On this appeal, appellant challenges the Public Employment Relations ... is erroneous." FOP contends that under the express language of N.J.S.A. 34:13A-5.3, its officer "had the contractual right to arbitrate his ... arbitration is required. RU counters that the penultimate paragraph of N.J.S.A. 34:13A-5.3 does not apply to it. Rather, the relevant statutory ... consistent with what we can discern as the legislative intent. N.J.S.A. 34:13A-5.3 states in its entirety: Except as hereinafter provided, public ...

docket:	a0455-14
court:	NJ Superior Court Appellate Division
decided:	2016-09-08
status:	unpublished
citation:
Document Size:	25456

75 IN THE MATTER OF BOROUGH OF CARTERET AND LOCAL 67, ET AL. -- rank: 668

... N.J. 163, 171 (2014). Turning to substantive legal principles, N.J.S.A. 34:13A-5.3 provides in relevant part: Except as hereinafter provided, public ... in original). The Board concluded, it is clear that under N.J.S.A. 34:13A-5.3, the lieutenants would not qualify as supervisors 'having the ... the exception to the general rule as set forth in N.J.S.A. 34:13A-5.3. We emphasize, moreover, the final agency decision cites to ... employer representative' Board member at the November 22, 2022 hearing. N.J.S.A 34:13A-5.2. provides: The commission shall consist of seven members to ... unpersuaded this longstanding practice violates the letter or spirit of N.J.S.A. 34:13A-5.1 to -5.2. We decline to invalidate the vote ...

docket:	a1319-22
court:	appellate
decided:	2024-04-23
status:	Unpublished
citation:
Document Size:	27403