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I.R. No. 83-5
Synopsis:
On an application for interim relief brought by the Charging Party, a designee of the Public Employment Relations Commission denies the twofold request of the Charging Party: (1) that the Respondent negotiate "criteria" for the "piercing" of the salary cap for the 1982-83 fiscal year; and (2) that the Respondent implement a seven (7) percent salary increase, effective July 1, 1982, as to 200 to 300 faculty members, who are at or above the current salary cap of $59,000. The Commission's designee found that salary cap "criteria" were preempted from negotiations by the several Appropriations Acts of the legislature between 1980 and 1983 under State v. State Supervisory Employees Association 78 N.J. 54 (1978). Further, the designee distinguished implementation of the seven (7) percent of the salary increase, which involves discretion as to who may "pierce" the salary increase, which involves discretion as to who may "pierce" the salary cap, from those cases where interim relief has been granted, which involved the denial of payment of automatic salary increments in the context of negotiations for a successor agreement: State of New Jersey, I.R. No. 82-2, 7 NJPER 532 (1981) and City of Vineland, I.R. No. 81-1, 7 NJPER 324 (1981). Thus, there was a failure to demonstrate substantial likelihood of success on the merits of the amended Unfair Practice Charge and no demonstration of irreparable harm because the right to compensation was not clear and could, if necessary, be remedied at the end of the case.
PERC Citation:
I.R. No. 83-5, 8 NJPER 522 (¶13241 1982)
Appellate History:
Additional:
Miscellaneous:
NJPER Index:
74.373 74.374
Issues:
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| NJ PERC: | . |  - IR 83-005.pdf |
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