Jersey City Police v. Jersey City

607 A.2d 1314, 257 N.J. Super. 6
CourtNew Jersey Superior Court Appellate Division
DecidedJune 3, 1992
StatusPublished
Cited by20 cases

This text of 607 A.2d 1314 (Jersey City Police v. Jersey City) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jersey City Police v. Jersey City, 607 A.2d 1314, 257 N.J. Super. 6 (N.J. Ct. App. 1992).

Opinion

257 N.J. Super. 6 (1992)
607 A.2d 1314

JERSEY CITY POLICE OFFICERS BENEVOLENT ASSOCIATION, PLAINTIFF-RESPONDENT,
v.
CITY OF JERSEY CITY, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Submitted May 19, 1992.
Decided June 3, 1992.

*8 Before Judges PRESSLER, SHEBELL and SKILLMAN.

Harold J. Ruvoldt, Jr., Corporation Counsel, attorney for appellant (Paul W. Mackey, Assistant Corporation Counsel, of counsel and on the brief).

Schneider, Cohen, Solomon, Leder & Montalbano, attorneys for respondent (David S. Solomon, of counsel and on the brief).

The opinion of the court was delivered by PRESSLER, P.J.A.D.

This controversy arises out of a collective negotiation agreement between defendant Jersey City and plaintiff Jersey City Police Officers Benevolent Association (POBA), which represents all Jersey City police officers under the grade of sergeant. Jersey City appeals from an order of the Chancery Division denying it relief from an earlier consent judgment by which it had agreed to the confirmation of an arbitrator's award in favor of POBA. It argues that its consent to entry of the confirmation order had been predicated on its understanding that the scope of the arbitration had been substantially more limited than POBA later asserted it to be and consequently that implementation of the consent judgment consistent with POBA's interpretation of its literal terms was contrary to the import of the arbitration award itself. We find merit in Jersey City's assertions and accordingly we reverse and remand.

The collective negotiation agreement in question covered calendar years 1989, 1990, and 1991. Its compensation schedule *9 contained eight steps. The first seven steps were based on the number of years of employment, from one to seven. The eighth step was entitled "Detective" and provided for a salary of approximately $1,700 more than that of a seventh year officer. According to the record, there were disparities and inconsistencies in the City's designation and compensation of detectives over the years. In an effort to eliminate these problems and to improve the efficiency of the department, the City issued a memorandum during the term of the agreement eliminating the title of detective altogether and eliminating as well the extra compensation that had attended that designation. At the same time the City created the title of investigator, which was then accorded to a large number of officers. Unlike the previous detective title which was granted only after an officer had served seven years and had therefore reached the maximum non-detective salary, the investigator title, intended to reflect the actual duties assigned to the officer, was accorded to a number of officers who had been employed less than seven years, and in some cases to new appointees to the force.

Predictably, POBA complained about the loss of extra compensation for detectives, and individual grievances were arbitrated. The arbitrator concluded that those former detectives who had not been given the extra compensation in the past were deemed to have waived it. In all other respects, however, he sustained the grievances, concluding that there was a functional equivalence between the former detective title and, with stated assignment exceptions, the current investigator title. He therefore concluded that the former detectives who were designated investigators were entitled to the stipulated detective's compensation. His award, however, was cast in general terms, namely, that all officers assigned as investigators in all but the excepted cases were entitled to be compensated at the detective rate set forth in the agreement.

POBA then commenced this action by order to show cause for confirmation of the arbitration award. Prior to the return *10 date the parties reached an accord and consented to the entry of a judgment providing that

ORDERED AND ADJUDGED that the Opinions and Awards of Arbitrator Jeffrey Tener dated January 27, 1990, be and the same are hereby confirmed in their entirety, with the clarification that only the police officers who grieved their reassignments and were included in the "Conners Grievance," are entitled to submit their grievances to arbitration. All other police officers shall be subject to the procedures contained in the recently adopted provisions of the New Jersey Administrative Code (N.J.A.C. 4A:4-7.2 et seq.), and it is further
ORDERED AND ADJUDGED that the Defendant, the City of Jersey City shall comply with the Arbitration Awards and shall pay all wages due to the affected police personnel in accordance with the terms of the awards within fifteen (15) days from the date of this order.

The judgment was entered on May 31, 1990. We note further that the "Conners grievants" referred to in the judgment had all been employed for seven years or more.

Two months later, the salary adjustments not having been made in accordance with the consent judgment, POBA moved pursuant to R. 1:10-5 for an order compelling the City to do so in respect of all officers functioning as investigators irrespective of the length of their employment. The City filed a cross-motion for relief from the May 31, 1990 consent order. Its application therefor was supported by affidavits of various City officials who asserted that under the original detective designations, 91 officers who were employed more than seven years had received the eighth-step salary. The literal terms of the arbitration award, however, applied to 200 officers, many of whom had been employed for less than seven years, and some of whom had been assigned to the Investigations Bureau immediately upon their initial appointment. It argued that all it had ever intended to undertake by its execution of the consent judgment was the adjustment of the salaries of investigators who had already served for seven years or more. It had neither intended nor foreseen that an officer employed less than seven years would immediately jump from his assigned step to the eighth salary step immediately upon assignment to investigator duties, thus receiving a salary greater than officers having seniority over them. The City therefore sought to *11 have the consent judgment modified to make clear that the arbitration award applied only to investigators serving seven years or more. POBA resisted.

In response to this dispute, the judge, rather than directly addressing the meaning of the consent order itself, agreed to seek clarification from the original arbitrator of the original scope of the arbitration. He consequently submitted to the arbitrator this question formulated by the City's attorney, Paul Mackey:

Did you arbitrate over the amount of compensation due to police officers assigned as detectives when those police officers have had less than seven years of service in the police officer rank?

The arbitrator responded as follows:

The narrow answer to the question posed in Mr. Mackey's letter is that I did not "... arbitrate over the amount of compensation due to police officers assigned as detectives when those police officers have had less than seven years of service in the police officer rank." As Mr. Mackey stated later in his letter, "... there was no dispute in contention as to the amount of compensation a police officer would receive when that police officer had less than seven years of service."

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607 A.2d 1314, 257 N.J. Super. 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jersey-city-police-v-jersey-city-njsuperctappdiv-1992.