IN THE MATTER OF CITY OF ATLANTIC CITY AND ATLANTIC CITY Â PROFESSIONAL FIREFIGHTERS INTERNATIONAL ASSOCIATION OFFIREFIGHTERS, LOCAL NO. 198(PUBLIC EMPLOYMENT RELATIONS COMMISSION)
A-3817-14T2
N.J. Super. Ct. App. Div.Sep 20, 2017Background
- Union (IAFF Local 198) and City of Atlantic City had a collective negotiations agreement (CNA) that expired Dec. 31, 2014; parties reached impasse and City petitioned PERC for compulsory interest arbitration and later for scope-of-negotiations determinations.
- City challenged 35 provisions across seven articles as non-negotiable; PERC held some provisions negotiable and others not.
- Union appealed PERC's finding that 14 provisions were not mandatorily negotiable; City cross-appealed PERC's findings that 4 provisions were mandatorily negotiable.
- Court applies the three-part negotiability test (effects on employees; statutory preemption; interference with governmental policy) with deference to PERC unless decision is arbitrary, capricious, unreasonable, unsupported by evidence, or contrary to statute.
- The dispute centers on whether specific CNA language encroaches on managerial prerogatives (staffing, purchasing, training, filling vacancies, sick-leave verification) or instead constitutes mandatorily negotiable terms (safety recommendations, promotional procedures, certain terminal-pay limits).
Issues
| Issue | Plaintiff's Argument (Union) | Defendant's Argument (City) | Held |
|---|---|---|---|
| Whether phrase "personnel and equipment" in Art. 2.C is mandatorily negotiable | It implicates employee safety and thus is negotiable | It concerns manning/staffing and equipment purchase (managerial prerogatives) | Not mandatorily negotiable — concerns staffing/equipment decisions (managerial prerogative) |
| Whether Medical Review Board language (Art. 16.C.1 & Art. 17.D) delegating verification authority is negotiable | Verification/application of policy is subject to negotiation/grievance process | Delegation to joint board usurps City's managerial prerogative to verify sick leave | Not mandatorily negotiable — delegation impinges on managerial prerogative to verify sick leave |
| Whether terminal sick-leave payout cap for hires after Jan 1, 2012 (Art. 16.F.3(e)) is preempted by N.J.S.A. 11A:6-19.2 | Provision is negotiable and respects statutory proviso preserving terms of CNAs in force May 21, 2010 | City argued conflict with statute cap | Mandatorily negotiable — PERC erred; statutory proviso preserves CNA terms in force on statute's effective date |
| Whether provisions requiring filling/promotional procedures (Art.18, 23, 24 provisions) are negotiable or intrude on managerial prerogative | Many provisions are procedural (posting, selection order, safety committee recommendations) and therefore negotiable | Provisions that compel filling vacancies, set staffing balances, or mandate training/equipment purchases intrude on management policy | Mixed: Court affirms PERC that many provisions (e.g., staffing ratios, mandatory filling, seniority constraints, certain posting/fill mandates, safety-manpower pledges, mandatory training standard) are not mandatorily negotiable; but reverses PERC re: safety committee recommendation language (negotiable) and terminal-pay cap as negotiable. Also affirms PERC that certain acting-out-of-title/promotional-list procedures are negotiable |
Key Cases Cited
- Robbinsville Twp. Bd. of Educ. v. Washington Twp. Educ. Ass'n, 227 N.J. 192 (N.J. 2016) (scope-of-negotiations framework and distinction between negotiable and nonnegotiable subjects)
- Ridgefield Park Educ. Ass'n v. Ridgefield Park Bd. of Educ., 78 N.J. 144 (N.J. 1978) (PERC primary jurisdiction over negotiability determinations)
- City of Jersey City v. Jersey City Police Officers Benevolent Ass'n, 154 N.J. 555 (N.J. 1998) (three-part negotiability test and managerial prerogative analysis)
- In re Local 195, IFPTE, 88 N.J. 393 (N.J. 1982) (negotiability test; preemption and managerial policy considerations)
- Old Bridge Bd. of Educ. v. Old Bridge Educ. Ass'n., 98 N.J. 523 (N.J. 1985) (statutory/regulatory preemption of bargaining subjects)
- Paterson Police PBA Local No. 1 v. City of Paterson, 87 N.J. 78 (N.J. 1981) (staffing and manpower as managerial prerogative)