CLEARY GIACOBBE ALFIERI JACOBS PREVAILS IN PERC DECISION ON BEHALF OF TOWNSHIP OF SPRINGFIELD GRANTING REQUEST FOR A RESTRAINT OF BINDING ARBITRATION OF TWO GRIEVANCES FILED BY POLICE UNIONS

On November 17, 2025, the New Jersey Public Employment Relations Commission (“PERC”) granted the Township of Springfield’s request for a restraint of binding arbitration of grievances filed by the PBA and SOA against the Township. 

The Township’s Police Chief had issued a Special Order making temporary changes to the Police Department’s staffing and time off procedures due to a manpower shortage which had created challenging working conditions for patrol officers as a result of unusually excessive overtime, causing reasonable concern for the safety of the personnel.  The Special Order, under certain circumstances, impacted the composition of officers for minimum staffing levels and overtime assignments, resulting in the assignment of supervisors to patrol duty

The PBA and SOA filed grievances challenging the Special Order, arguing that the policy violated the parties’ collective bargaining agreements and was a deviation from past practice. Before the grievances could proceed to arbitration, the Firm filed two scope of negotiations petitions on behalf of the Township seeking a restraint of binding arbitration of the grievances, arguing that these grievances infringed on the Township’s managerial prerogatives to assign employees, to determine the minimum staffing necessary for the effective operation of the Township Police Department, to determine the number and type of officers to be on duty, to determine the most efficient way to deploy employees and provide public services and to determine whether overtime will be worked.

PERC agreed with the Township and found that the grievances infringed on the Township’s managerial prerogatives, granting a restraint of binding arbitration as to all aspects of the grievances. This decision effectively dismissed the entirety of the PBA and SOA’s grievances.

The Township of Springfield was represented by Nicholas DelGaudio, Esq. and Scott Eveland, Esq. of the Firm.