Negotiations Update

by Bill Sullivan, Vice President for External Affairs

Some favorable news: After our Collective Bargaining Agreement (CBA) with the State and university presidents expired on June 30, 2015, the governor unilaterally froze our members’ increments (steps) in the salary guide. Therefore, those who expected to move up a step in the salary guide have not yet had their salaries adjusted to the next higher step. The governor’s action was supported by two rulings by the New Jersey Public Employment Relations Commission (PERC), which ruled that non-payment of salary increments after the expiration of a contract could not be challenged at arbitration. These two PERC cases originated at the county and local government levels, but applied equally to all municipal, county, and state public employees in New Jersey. 

Recently, a NJ Superior Court judge overturned the two PERC decisions that froze the payment of salary increments after the expiration of a contract. The court’s ruling gives us the opportunity to resurrect this issue. Our union’s attorney has written to the New Jersey Office of Employee Relations (OER) demanding that all salary increments be paid retroactive to the expiration of the contract and advised that a refusal to do so would result in legal action to enforce our claim.  The claim may be in the form of an unfair practice charge at PERC and/or a grievance under Article XXI D of the expired CBA. 

The legal issue at stake is known as the “dynamic status quo”. This precedent held sway for decades and viewed the payment of normal salary increments as a term and condition of employment that could not be unilaterally discontinued upon the expiration of a collective negotiations agreement. The PERC rulings reversed that precedent by substituting the “static status quo” doctrine holding that the obligation to pay normal salary increments does not survive the expiration of a CBA. The Superior Court, however, ruled that PERC exceeded its authority under the NJ Employer Employee Relations Act. The court ruled that only action by the New Jersey State Legislature could affect the payment of normal increments.

Our statewide College Council hopes that the State will comply with the Superior Court decision, but it appears more likely that PERC will file a petition seeking review from the New Jersey Supreme Court. It will then be up to the Supreme Court to either allow the lower court decision to stand or to hear the case. Please be patient. It may take some time before the final decision is handed down.

Some discouraging news: The last time the Union met with the State at the bargaining table was in the fall semester 2015. The next negotiating session is scheduled for May 6. The Union requested that the State submit a financial proposal to us at this meeting. The State responded by saying that it is not prepared to do so. The Union has been asking the State to exchange economic proposals since the summer of 2015, shortly after we exchanged non-economic proposals.

The CBAs of other state employee unions also expired on June 30, 2015. The Communications Workers of America, which represents our secretaries and others on campus; the International Federation of Professional and Technical Engineers, which represents the campus housekeeping and maintenance staff; and the American Federation of State, County and Municipal Employees, which represents some workers on campus, have yet to have meaningful negotiations with the State. It appears that the State is not yet serious about bringing a successful conclusion to contract negotiations with the statewide Unions.

Volunteer Opportunity at Mount Pleasant Animal Shelter

AFT Local 1904 will visit the Mt. Pleasant Animal Shelter to help care for the animals on Saturday, April 16, 2016 from 9:00AM to 12:00PM.  The shelter is located at 194 Route 10 West, East Hanover, NJ. Space is limited. 

• To reserve your spot, email the AFT 1904 Local's office at union@mail.montclair.edu by Wednesday, April 13th and use the subject line "Mt. Pleasant Animal Shelter" 

Can't volunteer but still want to help? The shelter does need donations to help feed and provide medical care for the animals.

• To make a contribution, visit https://yougivegoods.com/kittens to make an online donation. Donations will be accepted from now until April 30th

AFT Robert G. Porter Scholars Program

The AFT Robert G. Porter Scholars Program offers four 4-year, $8,000 post-secondary scholarships to students who are dependents of AFT members, as well as 10 one-time $1,000 grants to AFT members to assist with their continuing education.
NOTE: Application deadline for students and members is March 31, 2016 (Midnight). Third party responses for high school student applications are due by April 15, 2016. [Click here for more information]

Second Readings of motions to amend Local 1904 Constitution and Bylaws

At the February 10th General Union Meeting two motions to amend the Local 1904 Constitution and corresponding Bylaws were introduced for a first reading. Each of these changes, which will be debated and voted on separately, would need  approval by 3/4 majority of the full-dues paying members at the next General Union Meeting on March 16th to pass.

Our Constitution requires that a first reading take place at a General Union Meeting with the motion to amend documents then distributed to full members. This email constitutes that distribution. A vote will be taken on the documents at the next General Union Meeting which, again, takes a two-thirds majority of all members voting to pass either or both of the revisions.

The full motions to amend are linked below and we expect a full hearing and discussion of these issues before a vote. If you have any question please send them directly to President Wolfson at Rich.Wolfson@aftlocal1904.org. 

If you have an amendments to the documents, bring those to the meeting for consideration.

 

Change what we call our General Union Meetings to Membership Meetings

Limit AFT Local 1904 meetings and workshops to full members only