A recent decision issued by the Public Employment Relations Commission is likely to impact the “dynamic status quo doctrine” which has historically required payment of increments at the expiration of a collective negotiations agreement.
Municipalities and public employers should be aware of In the Matter of County of Atlantic and PBA Local 243, et. al., PERC No. 2014-40, where the Commission overturned this long-standing policy which previously required public employers to pay employee increments for moving vertically along the salary guide once the collective negotiations agreement expires but an agreement on a successor contract has not been reached.
Historically, the dynamic status quo doctrine meant that a public employer must pay an employee’s increment, i.e. vertical movement on a salary guide, after the expiration of the collective negotiations agreement. This was so even if the parties had not reached an agreement on a successor contract. The rationale behind this doctrine was to encourage the parties to reach an agreement. The thought process was paying increments benefitted neither parties in negotiations.
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