A-6177 includes a minimum number of firefighting personnel for public employers as a term and condition of employment for the purpose of collective bargaining under certain circumstances. It also provides for dispute resolution procedures.
This bill amends the “New Jersey Employer-Employee Relations Act” to establish certain standards in contract negotiations between firefighters, fire officers, and other personnel and public employers. Specifically, the bill provides that with respect to firefighters and fire officers, terms and conditions of employment will include the minimum number of sworn firefighters and fire officers assigned to each fire apparatus, provided that the staffing levels are rationally related to employee or public safety.
Additionally, the bill provides that if there is a dispute between a majority representative of a unit of sworn fire personnel and a public employer regarding whether the minimum number of sworn fire personnel assigned to a fire apparatus is a management prerogative or rationally relates to public or employee safety and therefore a mandatory subject of negotiations, the matter will be submitted to the commission for an evidentiary hearing. If the matter involves grievance arbitration, the commission may refer the issue regarding the scope of negotiations to the arbitrator to decide as a preliminary matter. If the arbitrator determines that the issue rationally relates to public or employee safety, the arbitrator may decide the merits of the grievance. In either proceeding, the burden of proof will be by a preponderance of the evidence and shall be on the party asserting that the matter rationally relates to public or employee safety.
The Senate companion, S-4802, was favorably reported from the Senate Labor Committee earlier this month. Both bills are at second reading and could be posted for votes in each chamber prior to the end of the legislative term on January 13.
The League opposes this legislation as it overrides management prerogative and will very likely increase overtime costs. We urge municipal officials to contact your legislative representatives to oppose this legislation.
Contact: Erin Knoedler, Legislative Analyst, eknoedler@njlm.org, 609-695-3481, x116.