I.R. No. 2021-19


A Commission Designee grants in part, and denies in part, an application for interim relief filed by the Paterson Police PBA Local 1 and PBA Local 1, Superior Officers Association based on an unfair practice charge alleging that the City of Paterson violated sections 5.4a(a)(1), (2), and (5) of the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13a-1, et seq., by continuing to deduct PBA dues for its police chief; failing to produce meeting notes taken by a member of the chief’s office; changing the license plate specification on the City owned vehicle assigned to the PBA president; and unilaterally modifying terms and conditions of employment during collective negotiations for a successor agreement.

The Designee determined that the charging parties established the necessary standards for granting interim relief, including a substantial likelihood of success on the merits, on two of their allegations, namely, that the City unilaterally mandated the closing and vacating of the police gym and unilaterally placed limitations upon the charging parties’ ability to communicate with their members located in the chief’s office; and that irreparable harm would result because the parties are in negotiations for a successor agreement. Balancing the public interest and the relative hardship to the parties, the Designee found that the public interest was furthered by adhering to the tenets of the Act, requiring good faith negotiations prior to changing a term and condition of employment and respect for the negotiations process. The Designee further determined that the charging parties failed to meet the standards for granting interim relief for the remainder of the allegations. The unfair practice charge was transferred to the Director of Unfair Practices for further processing.

PERC Citation:

I.R. No. 2021-19, 47 NJPER 307 (72 2021)

Appellate History:



NJPER Index:

15.414 24.132 43.1473 74.373 74.374 74.375


NJ PERC:.IR 2021 019.wpd - IR 2021 019.wpdIR 2021-019.pdfIR 2021-019.pdf

Appellate Division:

Supreme Court:

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