Kenneth Mr. Vercammen was included in the 2017 “Super Lawyers” list published by Thomson Reuters.

To schedule a confidential consultation, email us at VercammenAppointments@NJlaws.com, call or visit www.njlaws.com

(732) 572-0500

Thursday, June 18, 2015

NEW JERSEY STATE (DIVISION OF STATE POLICE) VS. NEW JERSEY STATE TROOPER CAPTAINS ASSOCIATION A-6095-11T3

NEW JERSEY STATE (DIVISION OF STATE POLICE) VS. NEW JERSEY STATE TROOPER CAPTAINS ASSOCIATION 
A-6095-11T3 
The State of New Jersey, Division of State Police (Division), challenges on appeal a final agency action of the New Jersey Public Employment Relations Commission (PERC) which held that, with some exceptions, captains are not "managerial executives" as that term is defined in the 2010 amendment to N.J.S.A. 34:13A-3(f), and thus may engage in collective bargaining. The Division argues that PERC employed a flawed "two-pronged" analysis in reaching its conclusion and that if it had restricted its analysis to deciding whether captains occupy a position akin to an "assistant commissioner" in other executive branch departments, its result would have been different. 

We disagree with the Division's characterization of the PERC holding and we affirm.