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STATE v. INTERN. FED., LOCAL

780 A.2d 525 (2001)

169 N.J. 505

STATE of New Jersey, Department of Corrections, Plaintiff-Respondent, v. INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS, LOCAL 195, Defendant-Appellant.

Supreme Court of New Jersey.

Decided July 12, 2001.

Attorney(s) appearing for the Case

Arnold Shep Cohen, Newark, argued the cause for appellant (Oxfeld Cohen, attorneys).

George N. Cohen, Deputy Attorney General, argued the cause for respondent (John J. Farmer, Jr., Attorney General of New Jersey, attorney; Mary C. Jacobson, Former Assistant Attorney General, of counsel).

Judiann Chartier, Highland Park, argued the cause for amicus curiae, Communications Workers of America, AFL-CIO (Weissman & Mintz, attorneys).

The opinion of the Court was delivered by ZAZZALI, J.

In this matter an arbitrator awarded back pay to public-sector employees who were improperly denied overtime in violation of a collective negotiations agreement. The Appellate Division held that although the back pay award was explicitly authorized by the agreement, the award nevertheless violated the "no work, no pay" rule, a common law rule established in 1859,

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