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Thursday, June 21, 2012

TOWNSHIP OF FRANKLIN VS. FRANKLIN TOWNSHIP PBA TOWNSHIP OF FRANKLIN VS. FRANKLIN TOWNSHIP PBA LOCAL 154 SUPERVISORY OFFICERS ASSOCIATION A-2313-10T1/A-2822-10T1


TOWNSHIP OF FRANKLIN VS. FRANKLIN TOWNSHIP PBA 
TOWNSHIP OF FRANKLIN VS. FRANKLIN TOWNSHIP PBA 
  LOCAL 154 SUPERVISORY OFFICERS ASSOCIATION 
  A-2313-10T1/A-2822-10T1 

We review two decisions issued by the Public Employment 
Relations Commission (PERC) regarding whether proposed patrol 
shift schedule modifications were mandatorily negotiable as 
intimately affecting employees' working conditions or were non- 
negotiable as falling within the Township's managerial 
prerogative.  

Although we agree the CNAs under review granted the 
Township managerial latitude to schedule police shifts "as 
needed[,]" we reject the expansive reading of this phrase to 
support the Township's position the shift modifications merely 
"implement[ed] a provision of the contract which had been 
extensively bargained for by the parties."  Rather, the changes 
mandated officers work more hours without concomitant 
compensation, an alteration of the core of the CNAs' provisions. 

  We distinguished the holding of our opinion in In re 
Morris County Sheriff's Office v. Morris Cnty. Policemen's 
Benev. Ass'n, Local 298, 418 N.J. Super. 64, 75-76 (App. Div. 
2011), noting a desire to achieve thrift cannot sustain the 
adoption of a policy abrogating the Township's binding 
contractual obligations to its law enforcement employees.03-08-12