By Ben Horowitz
The Star-ledger
MORRIS COUNTY, NJ — Jobs that are not needed to be done on holidays will no longer be staffed at overtime rates at the Morris County jail, a state appeals court ruled Thursday.
The court said the county sheriff was correct in rejecting “pointless work procedures designed merely to pay workers for performing make-work tasks, or worse, for just showing up.”
The jobs include transporting inmates to and from court; conducting video hearings between the county jail and court; and working in the mailroom, library and records.
Officers have been paid double time to perform those tasks on holidays, the appeals court said.
Morris Sheriff Edward Rochford said the decision will save the county $80,000 to $90,000 per year. He credited Governor Christie for creating an atmosphere that encouraged the court to “put the brakes on runaway costs.”
Leon Pollison, president of Policemen’s Benevolent Association Local 298, which fought the staffing change, said the decision “is not what our contract says.”
Pollison pointed out that under longstanding practices in Morris County, jail officers may request to take holidays off, but those who don’t are paid overtime.
The court ruled in favor of an appeal filed by the Morris sheriff and Morris County after a decision by the state Public Employment Relations Commission.
The commission had ruled in favor of Local 298, which had accused the county of an unfair labor practice in 2008 because it implemented the staffing change during interest arbitration, which was determining provisions for a new four-year contract.
PERC ruled the county had changed a “mandatorily negotiable term.”
But the court said the policy of avoiding “non-operational posts” is “not mandatorily negotiable.” Rather, it is a “managerial prerogative” aimed at carrying out the “essential duty of government to spend public funds wisely,” the court ruled.
Blake Width, attorney for Local 298, said he is considering appealing the decision to the state Supreme Court.
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