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March 5, 2013

Re:   Follow up to Appellate Court decision in Keyport v. IUOE Local 68, Belmar v. CWA AFL-CIO, Mount Laurel v. CWA and AFSCME Council 71

Dear Mayor:

I wanted to follow up with our mayor’s letter of February 27, 2013, informing you of the decision from the Appellate Division in the above case.  This case has important implications for municipalities in the Civil Service system that you should be aware of.  You can find our February 27 letter here: http://www.njslom.org/letters/2013-0227-Keyport.html

Although the court in its decision focused on the now expired emergency rule, we believe the finding, that Civil Service regulations preempt required labor negotiations, has applicability beyond the expired rule.  For example, Keyport did not rely on the emergency rule, but instead the still extant layoff requirements in the Civil Service regulations.  Their layoffs were upheld.

Additionally, although Mount Laurel and Belmar submitted their plans prior to the official repeal of the Emergency Rule, both plans were consonant with temporary layoff plans that had been approved by the Civil Service Commission prior to the rule, and neither municipality relied on the Emergency Rule in their briefings or arguments.

We again urge you to discuss this case with your municipal attorney and labor counsel to determine how it may affect your personnel and labor decisions going forward.  You can find a copy of the case here: http://www.njslom.org/documents/2013-Keyport-Court-Decision.pdf.

If you have any questions, please do not hesitate to contact Matthew Weng at 609-695-3481 ext 137 or at mweng@njslom.com.

Very truly yours,

William G. Dressel, Jr.
Executive Director

 

 

 

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