New Disciplinary Matrix And Procedures Are Negotiable

For many years, FOP Lodge 12 has represented officers working for the Newark, New Jersey Police Department. The Newark Police Superior Officers’ Association (SOA) represents supervisors in the Department. When the City unilaterally implemented a disciplinary matrix, the FOP and the SOA filed unfair labor practice complaints with New Jersey’s Public Employment Relations Commission. PERC agreed with the unions and found the unilateral adoption of the matrix to be…

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Mandatory Vaccination Not Negotiable In New Jersey

The Firefighters Mutual Benevolent Association filed an unfair practice charge against the Township of Ma­plewood, New Jersey, alleging that the City failed to bargain over the implementation of a policy mandating COVID-19 vaccinations as a condition of employment, dispensing with a testing option. Several Association members submitted requests for exemptions based on their religious beliefs. The requests sought the accommodation of weekly COVID testing, and the wearing of face…

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Q & A

From Washington:Question: Can an employer mandate/require an officer to get the COVID-19 vaccine to continue working? Do you see guilds/unions challenging this and how do you see courts ruling? Answer: There’s not a lot of law on whether a mandatory vaccine requirement would be a negotiable topic. The NLRB has some cases that suggest it is negotia­ble, but there’s a case out of California’s PERB that suggests it isn’t….

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Budget Discussions Do Not Equal Negotiations

In late 2012, the City of Portland, Oregon began its budget process for the 2013-14 fiscal year anticipating a shortfall. The City asked the Fire Bureau to develop its budget using a modified zero-based budget approach, requesting up to 90 percent of current appropriation levels with prioritized add-back packages for cut items. The Bureau developed its proposed budget through a budgetary advisory committee. Alan Ferschweiler, the president of the…

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