Client Alert – February 6, 2024

CLEARY GIACOBBE aLFIERI jACOBS, LLC pREVAILS IN PERC DECISION UPHOLDING UNFAIR LABOR PRACTICE AGAINST MENDHAM BOROUGH EDUCATION ASSOCIATION

On January 25, 2024, the State of New Jersey Public Employment Relations Commission (PERC) issued a decision involving the Mendham Borough Board of Education (“Board”) and the Mendham Borough Education Association (“Association”).

The Board filed an unfair practice charge alleging that the Mendham Borough Education Association violated subsections 5.4b(3) and (4) of the Act due to the Association’s refusal to sign the successor collective negotiations agreement (CNA) and its post-ratification proposal to amend the salary guide progression chart.

PERC affirmed the Hearing Examiner’s decision recognizing that the parties had indeed reached an agreement. It was determined that the salary guide progression chart outlined in the Board’s 2021-2025 CNA mirrored, both operationally and functionally, the corresponding chart in the 2016-2021 CNA. The Commission concluded that the Association’s continued refusal to sign the Board’s proposed CNA constituted a violation under 5.4a(b).

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