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MORRIS SHERIFF v. MORRIS POLICE

No. A-3174-09T3.

12 A.3d 214 (2011)

418 N.J. Super. 64

In the Matter of MORRIS COUNTY SHERIFF'S OFFICE and the County of Morris, Appellants, v. MORRIS COUNTY POLICEMEN'S BENEVOLENT ASSOCIATION, LOCAL 298, Respondent.

Superior Court of New Jersey, Appellate Division.

Decided January 13, 2011.

Attorney(s) appearing for the Case

Stephen E. Trimboli argued the cause for appellants Morris County Sheriff's Office and the County of Morris (Knapp, Trimboli & Prusinowski, LLC, attorneys; Mr. Trimboli, of counsel and on the brief; Molly S. Marmion and Marissa Becker Ruggiero , Hackensack, on the brief).

Mary E. Hennessy-Shotter , Deputy General Counsel, argued the cause for respondent Public Employment Relations Commission ( Ira W. Mintz , General Counsel, attorney; Ms. Hennessy-Shotter, on the brief).

Blake C. Width argued the cause for respondent Morris County Benevolent Association, Local 298 (Lindabury, McCormick, Estabrook & Cooper, P.C., attorneys; Donald B. Ross, Jr. , Westfield, of counsel and on the brief; Mr. Width, on the brief).

Before Judges AXELRAD, LIHOTZ, and J.N. HARRIS.

The Opinion of the court was delivered by

JONATHAN N. HARRIS, J.A.D.

This case involves an attempt by a public employer—the Morris County Sheriff's Office—to eliminate previously-tolerated featherbedding, which effort was determined to be an unfair labor practice by the Public Employment Relations Commission (PERC). The disapproved solution, intended to eliminate an archaic work rule, sought a unilateral end to the long-standing employment practice...

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