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
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.