NJ Public Employment Relations Commission Sides With Hamilton Twp. PBA L-66 And SOA L-66A Over Payroll Issues And Sick Time Buyback

February 20, 2021

HAMILTON TOWNSHIP, NJ (MERCER)–The NJ Public Employment Relations Commission sided with the Hamilton Township Police Benevolent Association Local 66 and Superior Officers Association 66A that Hamilton Township violated the New Jersey Employer – Employee Relations Act in an unfair practice. The Commission granted interim relief to the unions for the Township’s unilateral changes to PBA and SOA’s pay issuance date in December 2020 and January 2021, unilateral
changes to PBA and SOA’s bi-weekly base pay paycheck amounts in 2021, and termination of sick leave buyback for 2020, violate sections 5.4a(1), (2), (3), (5) and (7) of the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-1, et seq.

According to the decision, “The Designee determined that PBA and SOA demonstrated the requisite elements for interim relief under Crowe v. DeGioia, 90 N.J. 126, 132-134 (1982), and enjoined and restrained Hamilton from: 1) unilaterally changing the pay issuance date for the pay period of December 14 to 27, 2020, from December 31, 2020 to a pay date of January 1, 2021; 2) unilaterally changing bi-weekly base pay amounts in 2021 to “annual salary” divided by 27, instead of 26; 3) refusing to reinstate sick leave buyback processing for 2020 for all eligible PBA and SOA members; and 4) refusing to rescind any notice to employees that Hamilton would delay or reduce pay in 2020 and 2021, or refusing to process and pay 2020 sick leave buybacks pursuant to the PBA and SOA CNAs.”

The order states, “PBA and SOA’s application for interim relief is granted. Hamilton is enjoined and restrained from:

1) unilaterally changing the pay issuance date for the pay period of December 14 to 27, 2020, from December 31, 2020 to a pay date of January 1, 2021;

2) unilaterally changing bi-weekly base pay amounts in 2021 to “annual salary” divided by 27, instead of 26; 3) refusing to reinstate sick leave buyback processing for 2020 for all eligible PBA and SOA members; and 4) refusing to rescind any notice to employees that Hamilton would delay or reduce pay in 2020 and 2021, or refusing to process and pay 2020 sick leave buybacks pursuant to the PBA and SOA CNAs.


Read the full decision here:

https://www.perc.state.nj.us/percdecisions.nsf/Issued%20Decisions/85257575007C21048525864600530BAA/$File/IR%202021-021.pdf?OpenElement




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