Update: January 25, 2012
Important Message From Local 1036 About PLB Day Misdirection from State
As you know, CWA recently received the long-pending decision from NJ Appellate Court upholding our challenge to the PLB rule. In short, the Court ruled that the Civil Service Commission rule limiting carryover of negotiated PLB days violated our Memorandum of Agreement and the Court remanded the rule back to the Commission. However, the Civil Service Commission has issued a memo to all Executive Branch Human Resource Directors notifying them that the CSC is considering a ruling that the creation of PLB days was contrary to existing law and that "Pending further action by the Commission, it would be inappropriate at this time to advise employees that any unused PLB days may be carried or used beyond June 30, 2012."
It is obvious the CSC is trying to delay implementation of the judge’s ruling and pressure workers in to burning their PLB days now.
Our message to the membership remains the same:
- Do not use your PLB days unless you want to. It is our position that PLB days carry over as was negotiated into the Memorandum of Agreement.
- If you want to use your PLB days, feel free to do so.
- If you feel you must use your PLB days, consider scheduling them for June. That will provide us with sufficient time to resolve this matter.
The CWA is requesting a meeting with the State to address this issue and to reach resolution for once and for all on the Paid Leave Bank. Rest assured we will take every action necessary to enforce the MOA. Please know we remain confident of our right to negotiate the Paid Leave Bank and our right to enforce the MOA.
We know this has been a long fight and we are asking you to remain strong during the final steps of implementing the Court’s decision. It appears the State is intent on misdirecting the membership to schedule their PLB days and we are fighting back against this.
Again, we won this fight. The Appellate Division agreed with CWA and reversed the Civil Service Commission's previous rule that violated the terms of our negotiated settlement. With this victory, we now have the right under our agreement to carryover of the negotiated PLB days.
January 18, 2012
The NJ Appellate Court ruled today that the CWA Memorandum of Agreement which negotiated leave days as part of a no layoff agreement is enforceable and that the Civil Service rule passed in 2010 violated that agreement. This court decision again affirms that collective bargaining works to solve difficult economic problems and to create enforceable agreements.
