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Firm News — Case Decisions Township of Edison v. Edison PBA Local No. 75 (SOA) Docket No.: I.R. No. 2010-3 The Edison Township PBA Local No. 75 (SOA) successfully stopped the Township of Edison from unilaterally altering the vacation leave policy embodied in an expired collective negotiations agreement during negotiations for a successor agreement. In May 2009, the Township attempted to unilaterally change the vacation leave policy by prohibiting more than one (1) sergeant and one (1) lieutenant from each shift from taking vacations at the same time. The policy in effect had been that two (2) officers, of any rank, were permitted to take simultaneous vacations. The SOA successfully argued that this unilateral change in vacation policy was a repudiation of the collective negotiations agreement. PERC agreed, finding that while an employer has the right to ensure minimum staffing levels, it did not set forth any facts indicating that these levels were not met. PERC further found that the Township’s actions had a chilling effect on contract negotiations and disrupted the officer’s personal lives. The SOA obtained an injunction prohibiting the Township from implementing the new policy. Accordingly, PERC ordered that the vacation leave policy embodied in the expired agreement must stay in effect provided that minimum staffing levels are maintained. View the decision Posted — 03.18.2010 |
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