In another rebuke to PERC, the Supreme Court unanimously held that the issue of the payment of automatic salary increments after a contract expires is a negotiable and enforceable issue.
The Supreme Court affirmed the Appellate Division which had reversed a decision by PERC. PERC’s decision had reversed a 35 year history of enforcing these provisions. The Supreme Court relied upon the explicit contractual language in the Atlantic County and Bridgewater contracts which required the terms and conditions of employment to remain in full force and effect after the expiration of the contract. The State PBA participated as an amicus in this case. We will provide a more detailed analysis of the decision.