Bill Text: NJ A2113 | 2012-2013 | Regular Session | Introduced
Bill Title: Increases certain time frames governing arbitration in police and fire contract disputes.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2012-01-30 - Introduced, Referred to Assembly Law and Public Safety Committee [A2113 Detail]
Download: New_Jersey-2012-A2113-Introduced.html
FISCAL NOTE
ASSEMBLY, No. 2113
STATE OF NEW JERSEY
215th LEGISLATURE
DATED: AUGUST 20, 2012
SUMMARY
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Synopsis: |
Increases certain time frames governing arbitration in police and fire contract disputes. |
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Type of Impact: |
No impact, State; indeterminate impact, county and local public entities. |
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Agencies Affected: |
New Jersey Public Employment Relations Commission; certain State, county and local public entities. |
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Fiscal Impact |
Year 1 |
Year 2 |
Year 3 |
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State Cost |
$0 |
$0 |
$0 |
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Office of Legislative Services Estimate |
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Fiscal Impact |
Year 1 |
Year 2 |
Year 3 |
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State Cost |
$0 |
$0 |
$0 |
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Local Cost |
Indeterminate |
Indeterminate |
Indeterminate |
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· The Office of Legislative Services (OLS) concurs with the finding of the New Jersey Public Employment Relations Commission (PERC) that there will be no State fiscal impact due to the increased time frames permitted arbitrators pursuant to this bill.
· Additionally, the OLS estimates that the bill will have an indeterminate effect on county and local public entities' expenditures. The increased time frames proposed in this legislation for the arbitration may result in more time billed to the local entities for legal representation, but it is not possible to quantify the number of increased billable hours, if any, which may be charged in settling these disputes as a result.
BILL DESCRIPTION
Assembly Bill No. 2113 of 2012 requires that the decision of an arbitrator in a contractual impasse between a public employer and a police or fire department must be rendered within 90 days. Under current law, arbitrators are required to make this decision within 45 days.
P.L.2010, c.105 streamlined the procedure for resolving contractual impasses between public employers and their police and fire departments and imposed a 2 percent cap on arbitration awards. Pursuant to P.L.2010, c.105, the number of days an arbitrator has to render a decision was decreased from 120 to 45 from the day the arbitrator is assigned. This bill would increase that time period from, 45 days up to 90 days, to allow arbitrators sufficient time to consider the disputed issues.
This bill also extends the time period in which an aggrieved party may appeal an award. Currently, an aggrieved party has seven days in which to file an appeal. Under this bill, the party has 14 days.
Similarly, PERC currently has 30 days in which to render its decision on an appeal. Under this bill, PERC would have 90 days.
FISCAL ANALYSIS
EXECUTIVE BRANCH
The PERC asserts that no additional State funds will be required to implement the provisions of this bill. Furthermore, modifying certain time frames as set forth in this bill will: allow parties and arbitrators to schedule hearing dates with a more reasonable time frame and provide arbitrators subsequent analysis and writing time to develop a more comprehensive record; provide the parties additional time to analyze their interest arbitration award in consideration of any appeal; and will give PERC ample time to review the record and briefs and author a comprehensive decision on each appeal of interest arbitration awards without convening emergency meetings of the PERC commissioners.
OFFICE OF LEGISLATIVE SERVICES
The OLS concurs with PERC's assertion that there will be no additional State funds expended pursuant to the changes proposed in Assembly Bill No. 2113 of 2012. Additionally, the OLS estimates that the bill will have an indeterminate effect on county and local public entities' expenditures. Many towns and counties contract with attorneys for legal representation in negotiations between the public entity and the public fire or police department. If these contract negotiations can not be resolved and the issues in dispute are settled through interest arbitration, the public entities will be charged for representation during the arbitration process. If, as is proposed under the bill, the time frame for that arbitration process is extended from 45 days to 90 days, it may result in increased hours of legal representation and thus billing costs for the public entities. It can not be determined by the OLS the number of increased billable hours, if any, which may be charged in settling these disputes as a result.
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Section: |
Commerce, Labor and Industry |
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Analyst: |
Senior Fiscal Analyst |
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Approved: |
David J. Rosen Legislative Budget and Finance Officer |
This fiscal note has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).
