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May 6, 2009

Re:    Civil Service Emergency Rule

Dear Mayor:

On March 25, 2009, The Civil Service Commission promulgated an Emergency Rule providing for temporary layoffs including staggered temporary layoffs. On April 17, 2009, the Appellate Division of the Superior Court of New Jersey upheld the Emergency Rule.  The decision, however, stayed the provision of the Emergency Rule that permitted staggered temporary layoffs pending review of the negotiability of staggered temporary layoffs by the Public Employment Relations Commission (PERC).  On Tuesday, May 12, 2009, PERC is scheduled to hear arguments regarding the negotiability of a staggered temporary layoff as set forth in the Emergency Rule. The union’s have filed unfair practice charges and requests for interim relief with PERC challenging the Emergency Rule’s staggered temporary layoff provision and the temporary layoffs sought to be implemented by the State, the Borough of Washington and the Township of Maplewood.  

The League has pledged its support of the State’s position in upholding the Emergency Rule regarding the temporary layoffs and staggered temporary layoffs for civil service municipalities. The League is also supportive of the position taken by the Borough of Washington and Township of Maplewood with respect to the union’s challenge to the alternatives to layoffs and temporary layoffs sought to be implemented by these municipalities. We will be sending a letter on this to PERC. And, we will keep you posted of any developments. If you have any questions, contact Jon Moran at 609-695-3481, ext.121.

Very truly yours,


William G. Dressel, Jr.
Executive Director


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