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91 IMO University of Medicine and Dentistry of New Jersey and Committee of Interns and Residents -- rank: 637

... or reprisal, to form, join, and assist any employee organization." N.J.S.A. 34:13A-5.3. In East Brunswick Board of Education , 5 NJPER ¶10206 ... UMDNJ (School of Osteopathic Medicine) , supra , 19 NJPER at 205. N.J.S.A. 34:13A-5.2 states that PERC "shall make policy and establish rules ...

docket:	a-113-95
court:	njsupreme
decided:	1996-06-19
status:
citation:	144 N.J. 411
Document Size:	57142

92 IN THE MATTER OF MIDDLESEX COUNTY SHERIFF'S OFFICE and PHIILIP S. MANDATO -- rank: 634

... because they were not filed within the time required by N.J.S.A. 34:13A-5.4(c). We affirm. I. Since September 2003, Mandato has ... animus was a motivating or substantial factor, in violation of N.J.S.A. 34:13A- 5.4(a)(1) and (3). Mandato cited the rescission of ... because they were not filed within the time required by N.J.S.A. 34:13A-5.4(c). Mandato opposed the motion. He also sought to ... and suspension were not filed within the time required by N.J.S.A. 34:13A-5.4(c). He contends the limitations period on his claim ... practice charges were not filed within the time required by N.J.S.A. 34:13A- 5.4(c). The statute provides in pertinent part: The [C ... unfair practices charge was filed within the time required by N.J.S.A. 34:13A-5.4(c), it is immaterial whether a reassignment is ...

docket:	a1728-16
court:	NJ Superior Court Appellate Division
decided:	2018-03-19
status:	unpublished
citation:
Document Size:	34257

93 BAYSHORE ENTERPRISES INC. v. PHILIP D. MURPHY -- rank: 634

... 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 ...

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status:	Unpublished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

94 IN THE MATTER OF SOUTHAMPTON TOWNSHIP BOARD OF EDUCATION -- rank: 628

... concluding the Board engaged in an unfair labor practice under N.J.S.A. 34:13A-5.4(a)(1)1 and (5)2 'by unilaterally changing ... to 'cease and desist' from 'unilaterally changing the timing 1 N.J.S.A. 34:13A-5.4(a)(1) prohibits public employers from '[i]nterfering with ... the rights guaranteed to them by th[e] act.' 2 N.J.S.A. 34:13A-5.4(a)(5) prohibits public employers from '[r]efusing to ... matter in dispute is within the scope of collective negotiations.' N.J.S.A. 34:13A-5.4(d). Accordingly, we defer to PERC's expertise in ...

docket:	a4316-18
court:	NJ Superior Court Appellate Division
decided:	2020-05-06
status:	Unpublished
citation:
Document Size:	17410

95 STEVEN S. DEBENEDICTIS v. STATE OF NEW JERSEY -- rank: 628

... State of N.J. , 149 N.J. 38 , 44 (1997); N.J.S.A. 34:13A-5.3. No one claims that the grievance procedures adopted by ... State and Fraternal Association are somehow invalid or impermissible under N.J.S.A. 34:13A-5.3. Because DeBenedictis's contentions relate only to the N ... determine specifically whether any part of the grievance procedures violate N.J.S.A. 34:13A-5.3 by impermissibly replacing or being inconsistent with the statutory ...

docket:	A0311-04
court:	NJ Superior Court Appellate Division
decided:	2005-11-14
status:	published
citation:	381 N.J. Super. 233 885 A.2d 491
Document Size:	50074

96 PATERSON POLICE PBA LOCAL 1 v. CITY OF PATERSON -- rank: 628

... 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 ...

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

97 IN THE MATTER OF STATE OF NEW JERSEY ROWAN UNIVERSITY -- rank: 625

... Jersey City , supra , 154 N.J. at 567-68 (quoting N.J.S.A. 34:13A-5.4(d)). "The standard of review of a PERC decision ... Ass'n , supra , 183 N.J. Super. at 214; see N.J.S.A. 34:13A-5.4(d) (" The commission shall at all times have the ...

docket:	a1286-15
court:	NJ Superior Court Appellate Division
decided:	2016-07-26
status:	unpublished
citation:
Document Size:	46736

98 In the Matter of Robbinsville Township Board of Education v. Washington Township Education Association -- rank: 622

... agreements. N.J.S.A. 34:13A-2; see also N.J.S.A. 34:13A-5.3 (requiring representatives of employers and employees to “meet ...

docket:	A-32-15
court:	NJ Supreme Court
decided:	2016-11-29
status:
citation:	227 N.J. 192 149 A.3d 1283
Document Size:	55278

99 IN THE MATTER OF CITY OF NEWARK V. NEWARK COUNCIL 21, NEWARK CHAPTER, ET ALS -- rank: 619

... of Representation of the Public Employment Relations Commission (PERC) that N.J.S.A. 34:13A-5.3 requires exclusion of the clerical workers from the police ... clarification by the arbitrator in respect of the effect of N.J.S.A. 34:13A-5.3 on that portion of the award addressing representation of the clerical workers. N.J.S.A. 34:13A-5.3 provides in relevant part that "except where established practice ... Director's decision reaffirms the proposition that for purposes of N.J.S.A. 34:13A-5.3, the term "policemen" encompasses only those public officers with ... program is not a special circumstance within the intendment of N.J.S.A. 34:13A-5.3 and hence that its confirmation was in error on ...

docket:	a2380-97
court:	njappellate
decided:	1999-03-26
status:	published
citation:	320 N.J.Super. 8
Document Size:	27951

100 MICHAEL JACOBS v. TEAMSTERS LOCAL 97 -- rank: 619

... represented bargaining unit are not required to join the union. N.J.S.A. 34:13A-5.3. Jacobs withdrew from union membership sometime in 2004. As ... was required to pay representation fees in lieu of dues. N.J.S.A. 34:13A-5.6 and N.J.A.C. 1:20-3.2 ... other benefits available only to members of the majority representative. [ N.J.S.A. 34:13A-5.5(c).] This is called a demand-and-return system ... reflected in the union's Hudson notice were properly chargeable. N.J.S.A. 34:13A-5.6. With this statutory scheme in mind, we turn to ...

docket:	a5778-07
court:	superior court appellate division
decided:	2009-07-17
status:	Unpublished
citation:
Document Size:	44619

101 IN THE MATTER OF CITY OF NEWARK V. NEWARK COUNCIL 21, NEWARK CHAPTER, ET ALS -- rank: 619

... of Representation of the Public Employment Relations Commission (PERC) that N.J.S.A. 34:13A-5.3 requires exclusion of the clerical workers from the police ... clarification by the arbitrator in respect of the effect of N.J.S.A. 34:13A-5.3 on that portion of the award addressing representation of the clerical workers. N.J.S.A. 34:13A-5.3 provides in relevant part that "except where established practice ... Director's decision reaffirms the proposition that for purposes of N.J.S.A. 34:13A-5.3, the term "policemen" encompasses only those public officers with ... program is not a special circumstance within the intendment of N.J.S.A. 34:13A-5.3 and hence that its confirmation was in error on ...

docket:	a2960-97
court:	njappellate
decided:	1999-03-26
status:	published
citation:
Document Size:	27761

102 IN THE MATTER OF BOROUGH OF MILLTOWN AND OPEIU LOCAL 32 -- rank: 619

... the scope of collective negotiations.'' Id. at 567-68 (quoting N.J.S.A. 34:13A-5.4(d)). 'The standard of review of a PERC decision ... 322, 329 (1989)). PERC is charged with administering the Act, N.J.S.A. 34:13A- 5.2, and has primary jurisdiction to determine 'whether the subject ... Bd. of Educ., 78 N.J. 144, 154 (1978) (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; contractual interpretation is ... is, whether the Act allows collective negotiation of the subject. N.J.S.A. 34:13A-5.4(d). However, when the subject is one permitted within ...

docket:	a1306-17
court:	NJ Superior Court Appellate Division
decided:	2018-05-04
status:	unpublished
citation:
Document Size:	21382

103 RANDOLPH TOWNSHIP BOARD OF EDUCATION VS RANDOLPH EDUCATION ASSOCIATION -- rank: 617

... was passed to encourage the prompt settlement of labor disputes. N.J.S.A. 34:13A-5.2 establishing PERC granted it the authority to "make policy ... may not be replaced by the contract through negotiations. See N.J.S.A. 34:13A-5.3.     Even though the parties negotiated the issue of arbitrability ... N.J.S.A. 34:13A-29. As provided in N.J.S.A. 34:13A-5.3, which governs collective negotiations, provides:         Public employers shall negotiate ...

docket:	a4785-96
court:	njappellate
decided:	1997-12-22
status:	published
citation:	306 N.J.Super. 207
Document Size:	17821

104 I/M/O DIVISION OF CRIMINAL JUSTICE STATE INVESTIGATORS -- rank: 614

... to negotiate with the duly selected representatives of its employees. N.J.S.A. 34:13A-5.3 (hereafter section 5.3). The Supreme Court upheld the ... policies, agreements, and administrative decisions, including disciplinary determinations, affecting them," N.J.S.A. 34:13A-5.3, would have a significant impact on the Attorney General ...

docket:	a5859-93
court:	njappellate
decided:	1996-04-16
status:	published
citation:	289 N.J.Super. 426
Document Size:	46268

105 IN THE MATTER OF TOWNSHIP OF CLARK -- rank: 614

... Jersey City , supra , 154 N.J. at 567-68 (quoting N.J.S.A. 34:13A-5.4(d)). "The standard of review of a PERC decision ...

docket:	a2544-15
court:	NJ Superior Court Appellate Division
decided:	2016-10-28
status:	unpublished
citation:
Document Size:	23885