In the Matter of Local 195, Ifpte, Afl-Cio, Appellant, and State of New Jersey, Respondent. in the Matter of State…

Summary

The Supreme Court of New Jersey applied its three‑part test for scope of negotiations to three disputed subjects – subcontracting, workweek, and transfer/reassignment provisions – and held that the substantive decision to subcontract is a non‑negotiable managerial prerogative, that a workweek provision is negotiable, and that procedural aspects of transfer and reassignment are negotiable while substantive criteria are not; it also held that provisions concerning union officers and stewards are mandatorily negotiable. The judgment was affirmed in part and reversed in part. Separate opinions by Justices O’Hern and Handler contested aspects of the majority’s conclusions.