Search Rutgers Law Library N.J. Court Opinions

1 IN THE MATTER OF BOROUGH OF TENAFLY v. PBA LOCAL 376 -- rank: 1000

... 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 is ... costs by more than two percent per contract year. See N.J.S.A. 34:13A-16.7(b) (codifying L. 2010, c. 105, § 2). Base salary ... to a salary increment, including any amount provided for longevity[.]" N.J.S.A. 34:13A-16.7(a). "Base salary" also includes "any other item agreed by ... considered as base salary items for the new award. See N.J.S.A. 34:13A-16.7(b). As a consequence of the legislation, PERC modified the ... both N.J.S.A. 34:13A-16(g) and N.J.S.A. 34:13A-16.7. A. As to PBA's first argument, PERC acted within its authority to interpret and apply N.J.S.A. 34:13A-16.7 through adjudication rather than rulemaking. It is well-settled ...

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status:	unpublished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

2 IN THE MATTER OF BOROUGH OF OAKLAND v. PBA LOCAL 164 -- rank: 944

... costs by more than two-percent per contract year. See N.J.S.A. 34:13A-16.7(b) (codifying L. 2010, c. 105, § 2). 1 The ... including any amount provided for longevity or length of service." N.J.S.A. 34:13A-16.7(a). As a result of the legislation, PERC modified the ... both N.J.S.A. 34:13A-16(g) and N.J.S.A. 34:13A-16.7. See In re State , supra , 443 N.J. Super. at ... out potentially speculative costs under the two-percent cap of N.J.S.A. 34:13A-16.7 in New Milford , supra , 38 NJPER 340 . PERC stated: [W ... Commission believes that the better model to achieve compliance with [ N.J.S.A. 34:13A-16.7] is to utilize the scattergram demonstrating the placement on the ... hires, should not affect the costing out of the award. N.J.S.A. 34:13A-16.7(b) speaks only to establishing a baseline for the ...

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status:	unpublished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

3 CITY OF ORANGE FIRE OFFICERS ASSOCIATION FMBA LOCAL 210 v. CITY OF ORANGE TOWNSHIP -- rank: 873

... 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 ...

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status:	Unpublished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

4 PATERSON POLICE POLICE PBA LOCAL 1 v. CITY OF PATERSON -- rank: 867

... 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, we ... 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 applicable to ... J.S.A. 34:13A-16.9. 6 In addition, N.J.S.A. 34:13A-16.7(a) provides the definition for "base salary" to be used ... issued until February 17, 2011, after the effective date of N.J.S.A. 34:13A-16.7, and therefore was subject to these definitions. "[T]he arbitrator ... the term "base salary" as directed by the Legislature in N.J.S.A. 34:13A-16.7(a). We also note that, months before the award was ... conformity is evident by the Legislature's action in enacting N.J.S.A. 34:13A-16.7 after the guidelines were issued and effectively adopting the ...

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

5 IN THE MATTER OF STATE OF NEW JERSEY DIVISION OF STATE POLICE v. STATE TROOPERS FRATERNAL ASSOCIATION OF NEW JERSEY -- rank: 867

... 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 accounted ... 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 over ... 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. 11 ... percent cap imposed on interest arbitration awards under the Act, N.J.S.A. 34:13A-16.7(b). We are unpersuaded by this argument. Ultimately, the Court ...

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

6 IN THE MATTER OF COUNTY OF ATLANTIC -- rank: 847

... 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 interest ... 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, as ... 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 CNA, or ...

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

7 In the Matter of County of Atlantic -- rank: 838

... 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 continued ... 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 prohibited ...

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

8 Inthe Matter of County of Atlantic -- rank: 838

... 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 continued ... 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 prohibited ...

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

9 IN THE MATTER OF BOROUGH OF BERGENFIELD - and PBA LOCAL 309 - -- rank: 831

... 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% hard ... 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-year ... 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. The Borough ... 2019-$54,769.18; 2020-$13,888.75 (pursuant to N.J.S.A. 34:13A-16.7 A and B). In his decision, the arbitrator makes clear ... more than two percent of the prior year's expenditure, N.J.S.A. 34:13A-16.7, see In re State, 443 N.J. Super. 380, 384 ...

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

10 /usr/local/share/www/libweb/collections/courts/appellate/squibs16-17.opn.html -- rank: 812

... 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 P ...

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

11 APPROVED FOR PUBLICATION APPELLATE DIVISION IN THE MATTER OF STATE OF NEW JERSEY and NEW JERSEY LAW ENFORCEMENT SUPERVISORS ASSOCIATION January 15, 2016 -- rank: 757

... State) to calculate the salary award within the confines of N.J.S.A. 34:13A-16.7(b), commonly known as "the 2% salary cap." 1 For ... term of the collective negotiation agreement in unequal annual percentages. [ N.J.S.A. 34:13A-16.7(b). 2 ] In rendering an award, the arbitrator must provide ... NJLESA with savings from retirements or attrition. Second, NJLESA misreads N.J.S.A. 34:13A-16.7(b) and ignores our standard of review. The language of ... the expiration of the collective negotiation agreement subject to arbitration." N.J.S.A. 34:13A-16.7(b). The statute sets a maximum salary award, but does ... as set forth [in the two percent salary cap provision, N.J.S.A. 34:13A-16.7(b),] the treatment of the parties' proposals involves judgment and ... Indem. Ins. Co. , 62 N.J. 229 , 234 (1973)). 2 N.J.S.A. 34:13A-16.7(b) was amended, effective June 24, 2014, retroactive to ...

docket:	a3111-13
court:	NJ Superior Court Appellate Division
decided:	2016-01-15
status:	published
citation:	443 N.J.Super. 380 128 A.3d 1152
Document Size:	30841

12 IN THE MATTER OF BURLINGTON COUNTY PROSECUTOR'S OFFICE -- rank: 618

... was subject to a 2% salary cap enacted pursuant to N.J.S.A. 34:13A-16.7, the arbitrator failed to properly analyze nine factors enumerated in ... thereby implicating the two percent salary cap enacted pursuant to N.J.S.A. 34:13A-16.7. Based on our review of the record and the controlling ...

docket:	a0040-12
court:	NJ Superior Court Appellate Division
decided:	2013-06-10
status:	unpublished
citation:
Document Size:	27356

13 COUNTY OF CUMBERLAND v. POLICEMEN'S BENEVOLENT ASSOCIATION LOCAL 299 -- rank: 588

... or comply with the cap guidelines here. The Legislature enacted N.J.S.A. 34:13A-16.7(b), commonly known as the 'two percent salary cap,' in ... term of the collective negotiation agreement in unequal annual percentages. [ N.J.S.A. 34:13A-16.7(b) (2010).] 'This cap, limited to interest arbitration, is the ...

docket:	a2418-19
court:	NJ Superior Court Appellate Division
decided:	2021-03-18
status:	Unpublished
citation:
Document Size:	45602

14 IN THE MATTER OF FRATERNAL ORDER OF POLICE LODGE 91 -- rank: 572

... two percent statutory cap on salary increases, set forth in N.J.S.A. 34:13A-16.7. 1 The State contends that PERC erred in confirming the ... arbitration, and the section setting forth the two percent cap, N.J.S.A. 34:13A-16.7(b), apply by their terms to situations in which an ...

docket:	a0413-15
court:	NJ Superior Court Appellate Division
decided:	2017-06-26
status:	published
citation:	450 N.J.Super. 586 164 A.3d 433
Document Size:	15431

15 IN THE MATTER OF THE COUNTY OF UNION -- rank: 543

... and 2014. We accept that finding. PERC also concluded that N.J.S.A. 34:13A-16.7, which prohibits an interest arbitrator from increasing base salary items ...

docket:	a6193-11
court:	NJ Superior Court Appellate Division
decided:	2014-04-23
status:	unpublished
citation:
Document Size:	28274