07-25-11 JOAN B. FUTTERMAN VS. BOARD OF REVIEW, ET AL. A-3888-09T2
The principal issue presented in this case is whether a State employee who is obligated by a union contract to take several mandatory furlough days may qualify for unemployment benefits by scheduling several days in a single work week. We affirm the Board of Review's denial of benefits and hold that the employee is ineligible for unemployment compensation because (1) she was bound by the terms of her union contract, which was freely and voluntarily negotiated, see N.J.S.A. 34:13A-5.3 (granting union representatives the authority "to act for and negotiate agreements" for all bargaining unit employees), and (2) she did not do everything necessary and reasonable to remainemployed, see In re Adoption of N.J.A.C. 12:17-9.6 by the N.J. Dep't of Labor, 395 N.J. Super. 394, 401 (App. Div. 2007).
