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Employment and Labor

Overview

Good employees are the backbone of any high functioning organization.   At the same time, effectively managing employees involves some of the most complex areas of law.  To be successful, employers need skilled counsel with the knowledge, experience and savvy to address a wide array of labor and employment problems.

Our dynamic team of labor and employment attorneys are equipped to help you navigate the myriad of employment issues that you face on a daily basis.  With a decades-long track record of success, we have done more for our clients than just minimize the possibility of litigation.  We offer trainings and day-to-day advising on everything from wage and hour matters, medical leaves of absence, discrimination and harassment complaints and whistleblower issues to collective bargaining, disability accommodations, grievances and disciplinary terminations – and everything in between.  If it affects how you manage your employees, we have dealt with it and have the expertise to share with you.

Having a relationship with Parker McCay not only means that you have multiple attorneys on your side who have litigated in every administrative and judicial forum in New Jersey, you also have exclusive access to a wealth of information that will help you avoid litigation in the first place.

Experience

Experience

News and Appearances

News and Appearances

Articles

Public Sector

Public Sector

Parker McCay’s reputation in the public sector is unsurpassed.  Long considered the “gold standard” for public employers, Parker McCay actively represents countless municipalities, school districts, fire districts, police departments, commissions, and every other type of public entity.  Collectively, our attorneys have literally hundreds of years of experience in negotiating public-sector labor agreements, defending arbitrations, appearing before PERC and handling other public labor disputes.  Beyond contract negotiations and litigation, we routinely offer tailored, on-site trainings to front-line supervisors and employees alike, as well as help public employers navigate the complex web of medical leave, disability, workplace accommodations and related issues.  

Public employers have special needs that are not present in the private sector, and it takes a firm with special know-how to properly address those needs.  Parker McCay is more than equipped to help public employers protect the public’s trust.

Notable Matters

Trenton Board of Education, P.E.R.C. No. 2015-5

On behalf of the Trenton Board of Education, Parker McCay filed a scope of negotiations petition with the Public Employment Relations Commission (PERC) seeking restraint of binding arbitration of a grievance filed by the Trenton Education Secretaries Association. The grievance asserted that the Board violated the parties' collective negotiations agreement (CNA) by deducting the full amount of health care contributions required under N.J.S.A. 18A:16-l.l(a) for recalled employees instead of giving such employees the benefit of a phase-in of the full amount over four years. PERC found that any employees that were rehired after the Chapter 78 healthcare insurance contribution commenced were not eligible for the tiered contribution structure under Chapter 78. Any public entity should require the full contribution from rehires in these circumstances, and such is not negotiable or arbitrable. This decision affects all public collective bargaining units statewide.

Gloucester City, P.E.R.C. No. 2006-3

On behalf of Gloucester City, a Civil Service employer, Parker McCay filed a scope of negotiations petition with the Public Employment Relations Commission (PERC) seeking restraint of binding arbitration of a grievance filed by United Steelworkers of America, Local 8228. The grievance alleged that the City violated its internal promotional procedures when it did not appoint the most senior employee to a position.   The City relied on well-established case law to argue that Civil Service regulations, including the “rule of three,” preempted arbitration of the grievance.  The Commission agreed and restrained the arbitration.  Parker McCay’s familiarity with PERC’s scope procedures and Civil Service requirements led to a cost effective means for the City to dispose of this grievance. 

 Borough of Haddon Heights, H.E. No. 2010-3 and P.E.R.C. No. 2010-72

On behalf of the Borough of Haddon Heights, Parker McCay successfully defended against an unfair practice charge filed by American Federation of State, County and Municipal Employees, AFL-CIO, Council 71, Local 3869.  The charge alleged that the Borough had laid off 8 out of 13 employees in the Department of Public Works in retaliation for their union activity.  After a five day hearing, the Commission’s Hearing Examiner found that the lay-off was for economic reasons, and recommended that the Commission dismiss the charge.  AFSCME filed 16 exceptions to the Hearing Examiner’s decision.  After independently analyzing the record, the Commission adopted the Hearing Examiner’s decision and dismissed the charge.  If AFSCME had been successful, the Borough would have been required to rehire the laid-off employees, and would have incurred substantial costs.

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