12 A.3d 214
N.J. Super. Ct. App. Div.2011Background
- Morris County Sheriff's Office and Morris County sought to end featherbedding via the McGrane Strategy to reduce overtime and expenses at MCCF.
- PERC found that Morris changed terms and conditions of employment during pendency of interest arbitration and issued stay/restoration orders.
- The MCCF operates 24/7; its CNA provided a 42.5-hour workweek and holiday pay structures including double-time for working on holidays.
- McGrane Strategy directed that posts normally closed on weekends would not be staffed on holidays, eliminating make-work and overtime for those posts.
- The PBA alleged unfair labor practices under N.J.S.A. 34:13A-5.4(a)(1), (a)(5), (a)(7) and standstill implications under N.J.S.A. 34:13A-21.
- The parties proceeded through interest arbitration after their CNA expired in 2006, with an arbitration award issued in 2009, yet the CNA terms at issue remained unchanged.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether McGrane Strategy was a negotiable managerial prerogative. | PBA; Morris contends policy is negotiable. | Morris; policy impermissibly interferes with governmental policy. | Non-negotiable managerial prerogative; strategy upheld. |
| Whether changing holiday staffing during pendency of arbitration violated statute. | PBA; change breached standstill and 5.4(a)(5) during arbitration. | Morris; changes aligned with managerial prerogatives, not prohibited by CNA. | PERC erred; no violation; summary judgment reversed. |
| Whether standstill provision overrides a policy aimed at cost savings. | Standstill prevented changes during arbitration. | Standstill does not bar non-operational post staffing decisions. | Standstill does not compel continuation of alleged make-work; policy is managerial prerogative. |
Key Cases Cited
- City of Jersey City v. Jersey City Police Officers Benev. Ass'n, 154 N.J. 555 (N.J. 1998) (standard for negotiability and deference to PERC interpretations)
- In re Local 195, IFPTE v. State, 88 N.J. 393 (N.J. 1982) (negotiability factors; government policy vs. employee interests)
- Paterson Police PBA Local No. 1 v. Paterson, 87 N.J. 78 (N.J. 1981) (governmental policy determinations affect negotiability)
- Caldwell-West Caldwell Educ. Ass'n v. Caldwell-West Caldwell Bd. of Educ., 180 N.J. Super. 440 (App.Div. 1981) (governmental policy determinations and budgetary concerns as non-negotiable)
- Borough of Atlantic Highlands v. Atl. Highlands PBA Local 242, 192 N.J. Super. 71 (App.Div. 1983) (negotiability of staffing plans and cost efficiency)
- Irvington Policemen's Benevolent Ass'n, Local No. 29 v. Town of Irvington, 170 N.J. Super. 539 (App.Div. 1979) (case-by-case approach to negotiability; fine-tuning.)