Search Rutgers Law Library N.J. Court Opinions

1 IN THE MATTER OF THE CITY OF CAMDEN -- rank: 1000

... acknowledged the parties' arguments pertinent to the nine statutory criteria, N.J.S.A. 34:13A-16(g). In his conclusion, he stated, There is little question ... for the following reasons: it violates the statutory mission of N.J.S.A. 34:13A-16(g); it is predicated on unsupported findings and violates the ... negotiations between the City and the Union are governed by N.J.S.A. 34:13A-16(a)(1). When the parties are unable to negotiate a ... Borough of Hillsdale , 137 N.J. 71 , 80 (1994); see N.J.S.A. 34:13A-16(b)(2). Such arbitration "involves the submission of a dispute ... are judged relevant for the resolution of the specific dispute." N.J.S.A. 34:13A-16(g). The factors to be considered are: (1) The interests ... P.L.2007, c.62 (C.40A:4-45.45). [ N.J.S.A. 34:13A-16(g).] In resolving disputes under the Compulsory Interest Arbitration ...

docket:	a1244-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-29
status:	published
citation:	429 N.J.Super. 309 58 A.3d 1186
Document Size:	83867

2 IN THE MATTER OF BOROUGH OF OAKLAND v. PBA LOCAL 164 -- rank: 957

... THE ARBITRATOR'S AWARD SHOULD BE [FOUND] AS VIOLATIVE OF N.J.S.A. 34:13A-16(g) AND CONTROLLING CASE LAW. II. The New Jersey Employer ... police officer representatives who reach an impasse in collective negotiations. N.J.S.A. 34:13A-16(b)(2). Either party may petition to initiate this process ... PERC, and may appeal from PERC decisions to this court. N.J.S.A. 34:13A-16(f)(5)(a). Our review of "PERC decisions reviewing arbitration ... consider whether the arbitrator properly applied the factors articulated in N.J.S.A. 34:13A-16(g) and issued a reasonable determination. Teaneck , supra , 353 N ... 1) the arbitrator failed to give due weight to the N.J.S.A. 34:13A-16(g) factors he or she determined were relevant; (2) "the ... record." Hillsdale , supra , 137 N.J. at 82 (citation omitted). N.J.S.A. 34:13A-16(f)(5) requires the arbitrator issue a "written report ...

docket:	a5312-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-05
status:	unpublished
citation:
Document Size:	41612

3 IN THE MATTER OF BOROUGH OF TENAFLY v. PBA LOCAL 376 -- rank: 957

... and PERC was firmly within its statutory authority to interpret N.J.S.A. 34:13A-16.7 via adjudication and not rulemaking, we affirm. I. PBA ... officer representatives who reach an impasse in collective bargaining negotiations. N.J.S.A. 34:13A-16(b)(2). Once negotiations stall, either party may petition to ... to PERC and PERC decisions are appealed to this court. N.J.S.A. 34:13A-16(f)(5)(a). The scope of our review of PERC ... arbitrator failed to give "due weight" to the factors in N.J.S.A. 34:13A-16(g) that he deemed relevant; (2) the arbitrator violated the ... factor. Hillsdale , supra , 137 N.J. at 83-84 (citing N.J.S.A. 34:13A-16(g)). "Without such an explanation, the opinion and award may ... Benefits Reform, Final Report (N.J. 2006)). As a result, N.J.S.A. 34:13A-16 was amended to prohibit an interest arbitration award from ...

docket:	a5044-12
court:	NJ Superior Court Appellate Division
decided:	2015-01-06
status:	unpublished
citation:
Document Size:	47758

4 IN THE MATTER OF STATE OF NEW JERSEY DIVISION OF STATE POLICE v. STATE TROOPERS FRATERNAL ASSOCIATION OF NEW JERSEY -- rank: 937

... circumvent the statutory two percent cap on interest arbitration awards, N.J.S.A. 34:13A-16.7, by granting a salary increase that was not fully ... after which they agreed to engage in factfinding pursuant to N.J.S.A. 34:13A-16(b)(1). On September 23, 2015, after a factfinder had ... 6 A-0526-16T4 to unit members.4 Specifically, under N.J.S.A. 34:13A-16.7, increases could not exceed two percent per year compounded ... average. He also 4 L. 2010, c. 105, codified at N.J.S.A. 34:13A-16.7, which was extended to 2017 by L. 2014, c ... the Initial Award failed to properly consider and analyze the N.J.S.A. 34:13A-16(g) statutory factors. The Division cross-appealed, claiming the five ... supplement his analysis of the statutory factors set forth in N.J.S.A. 34:13A-16(g), particularly factor nine (statutory restrictions on the employer), ...

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

5 /usr/local/share/www/libweb/collections/courts/appellate/a3117-20.opn.html -- rank: 931

... we address whether the State can exercise this authority via N.J.S.A. 34:13A-16(j) when the CNA here was expired but still in ... with respect to any expired CNA. She also explained that N.J.S.A. 34:13A-16(j) provides that an arbitration award will not be binding ... that the State may vacate any arbitration award pursuant to N.J.S.A. 34:13A-16(j) and need not demonstrate its decision is reasonable and ... is sufficiently plead in the complaint.' In sum, plaintiff argues N.J.S.A. 34:13A-16(j) does not apply to the arbitration award, and contrary ... award. We disagree. Judge Porto wrote: There is nothing in N.J.S.A. 34:13A-16(j) to even suggest a limitation in its application to ... in application. While undoubtedly a municipality cannot take advantage of N.J.S.A. 34:13A-16(j) until after it is deemed a municipality in ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	46244

6 CITY OF ORANGE FIRE OFFICERS ASSOCIATION FMBA LOCAL 210 v. CITY OF ORANGE TOWNSHIP -- rank: 917

... Employment Relations Commission (Commission) as required by the governing statute, N.J.S.A. 34:13A-16(f)(5)(a), the court did not have the authority ... to properly consider a two percent statutory cap established in N.J.S.A. 34:13A-16.7(b). The City also argued that the arbitrator failed to properly address other statutory factors under N.J.S.A. 34:13A-16(g). On September 8, 2016, the Commission issued its decision ... the award as it related to certain factors identified in N.J.S.A. 34:13A-16(g). Thereafter, the City resolved its disputes with the PBA ... arbitrator failed to adequately consider all of the factors under N.J.S.A. 34:13A-16(g), and improperly expanded the scope of the remand. After ... failed to adequately consider all of the statutory factors under N.J.S.A. 34:13A-16(g) and, therefore, the awards were procured by undue ...

docket:	a0091-18
court:	NJ Superior Court Appellate Division
decided:	2019-04-25
status:	Unpublished
citation:
Document Size:	24722

7 IN THE MATTER OF COUNTY OF ATLANTIC -- rank: 905

... practice charges. This appeal followed. We begin our analysis with N.J.S.A. 34:13A-16.7 [and related statutes], enacted in 2010, which cap interest ... arbitration salary growth at two percent. The effective life of N.J.S.A. 34:13A 16.7 was recently extended to 2017. This cap, limited to ... significant because in New Jersey, interest arbitration is compulsory. See N.J.S.A. 34:13A-16. It hardly needs to be said that had the Legislature ... fire officials "is broader than for other public employees because N.J.S.A. 34:13A-16 provides for a permissive as well as a mandatory category ... percent cap on police and fire interest arbitration awards. See N.J.S.A. 34:13A-16.7 (extended to 2017 by L. 2014, c. 11). But ... Legislature acted. Thus, there is no basis to conclude that N.J.S.A. 34:13A 16.7 preempts negotiation over salary increments payable during a ...

docket:	a2477-13
court:	NJ Superior Court Appellate Division
decided:	2016-03-09
status:	published
citation:	445 N.J.Super. 1 135 A.3d 968
Document Size:	64722

8 PATERSON POLICE POLICE PBA LOCAL 1 v. CITY OF PATERSON -- rank: 846

... subsequent statute that was applicable to the award here. See N.J.S.A. 34:13A-16.7. In the absence of any statement to the contrary ... 2008, and they submitted to compulsory interest arbitration pursuant to N.J.S.A. 34:13A-16 with New Jersey Public Employment Relations Commission (PERC). Hearings were ... the February 17, 2011, compulsory interest arbitration award pursuant to N.J.S.A. 34:13A-16, challenging defendant's calculation of base salary, as well as ... are judged relevant for the resolution of the specific dispute." N.J.S.A. 34:13A-16(g); see also In re City of Camden , 429 N ... arbitrator's decision is final and binding upon the parties. N.J.S.A. 34:13A-16(f)(5). There is, however, a procedure for appealing the ... of controlling costs associated with public employees compensation and benefits. N.J.S.A. 34:13A-16.7 5 amended the provisions of the Reform Act ...

docket:	a1263-11
court:	NJ Superior Court Appellate Division
decided:	2013-11-27
status:	published
citation:	433 N.J.Super. 416 80 A.3d 1152
Document Size:	42837

9 /usr/local/share/www/libweb/collections/courts/appellate/squibs16-17.opn.html -- rank: 840

... arbitration to the two percent salary cap set forth in N.J.S.A. 34:13A-16.7. 06/23/17 STATE OF NEW JERSEY VS. GREGORY ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	151111

10 IN THE MATTER OF BOROUGH OF BERGENFIELD - and PBA LOCAL 309 - -- rank: 809

... the 16g interest arbitration criteria to the extent deemed relevant,' N.J.S.A. 34:13A-16(g).1 The PBA's final offer on duration and ... on January 1, 2018, pursuant to a sunset provision. See N.J.S.A. 34:13A-16.9; L. 2014, c. 11, § 4. Because the parties ... 31, 2017, the hard cap applied to this award . See N.J.S.A. 34:13A-16.9 (providing the hard cap 'shall apply only to collective ... the base salary calculation for 2017, which in accordance with N.J.S.A. 34:13A-16.7(b), serves as the baseline for calculating the 2 ... rejected the PBA's calculation as not in accordance with N.J.S.A. 34:13A-16.7(a). A-3495-19 5 spend over the three ... 54,769.18; 2020 – $13,888.75 (pursuant to N.J.S.A. 34:13A-16.7 A and B).' Neither party appealed the award. ...

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

11 Inthe Matter of County of Atlantic -- rank: 797

... 44 to -45.47, and the Interest Arbitration Award Cap, N.J.S.A. 34:13A-16.7, “preempt[] the previous standards of practice and render ... to salaries under contracts that are created through interest arbitration. N.J.S.A. 34:13A-16.7(b). 4 Under those provisions, a public employer is ...

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

12 In the Matter of County of Atlantic -- rank: 797

... 44 to -45.47, and the Interest Arbitration Award Cap, N.J.S.A. 34:13A-16.7, “preempt[] the previous standards of practice and render ... to salaries under contracts that are created through interest arbitration. N.J.S.A. 34:13A-16.7(b). 4 Under those provisions, a public employer is ...

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

13 IN THE MATTER OF THE COUNTY OF MERCER AND THE MERCER COUNTY PROSECUTOR'S OFFICE v. PROSECUTOR'S DETECTIVES AND INVESTIGATORS PBA LOCAL 339 -- rank: 786

... weight to four of the nine factors set forth in N.J.S.A. 34:13A-16(g). The Legislature has specifically mandated interest arbitration to resolve ... dispute and crafts the terms of a new agreement. See N.J.S.A. 34:13A-16(d). Either party may appeal the arbitrator's award to ... arbitrator or to another arbitrator, selected by lot, for reconsideration." N.J.S.A. 34:13A-16(f)(5)(a). In deciding an interest arbitration, the arbitrator ... same or similar comparable jurisdictions, as determined in accordance with [ N.J.S.A. 34:13A-16.2]; provided, however, that each party shall have the right ... employer by [ N.J.S.A. 40A:4-45.45]. [ N.J.S.A. 34:13A-16(g).] In this appeal, Mercer County focuses on the following ... 83-85 (1994) (citations omitted).] In regulations adopted to implement N.J.S.A. 34:13A-16(g), PERC likewise requires arbitrators to consider and explain ...

docket:	a1449-11
court:	NJ Superior Court Appellate Division
decided:	2012-10-01
status:	unpublished
citation:
Document Size:	40440

14 IN THE MATTER OF CITY OF CAMDEN and CAMDEN ORGANIZATION OF POLICE SUPERIORS -- rank: 757

... failed to properly apply the statutory factors set forth in N.J.S.A. 34:13A-16(g), and the award was not based on substantial credible ... are judged relevant for the resolution of the specific dispute." N.J.S.A. 34:13A-16(g). The factors are: (1) The interests and welfare of ... P.L.2007, c.62 (C.40A:4-45.45). [ N.J.S.A. 34:13A-16(g).] The arbitrator must give "due weight" to these statutory ... provide an analysis of the evidence on each relevant factor[.]" N.J.S.A. 34:13A-16(g). "The arbitrator need not rely on all factors, but ... arbitrator gave due weight to each factor. Ibid. ; see also N.J.S.A. 34:13A-16(f)(5) (indicating that "[e]ach arbitrator's decision shall ... the issues, giving due weight to those factors listed in N.J.S.A. 34:13A-16(g) which are judged relevant for the resolution of ...

docket:	a2471-12
court:	NJ Superior Court Appellate Division
decided:	2015-03-11
status:	unpublished
citation:
Document Size:	37673

15 IN THE MATTER OF CITY OF CAMDEN and CAMDEN ORGANIZATION OF POLICE SUPERIORS -- rank: 757

... failed to properly apply the statutory factors set forth in N.J.S.A. 34:13A-16(g), and the award was not based on substantial credible ... are judged relevant for the resolution of the specific dispute." N.J.S.A. 34:13A-16(g). The factors are: (1) The interests and welfare of ... P.L.2007, c.62 (C.40A:4-45.45). [ N.J.S.A. 34:13A-16(g).] The arbitrator must give "due weight" to these statutory ... provide an analysis of the evidence on each relevant factor[.]" N.J.S.A. 34:13A-16(g). "The arbitrator need not rely on all factors, but ... arbitrator gave due weight to each factor. Ibid. ; see also N.J.S.A. 34:13A-16(f)(5) (indicating that "[e]ach arbitrator's decision shall ... the issues, giving due weight to those factors listed in N.J.S.A. 34:13A-16(g) which are judged relevant for the resolution of ...

docket:	a4643-12
court:	superior court trial
decided:	2015-03-11
status:	unpublished
citation:
Document Size:	37559