The County of Gloucester, New Jersey, announced unilateral shift changes for Public Safety Telecommunicators (PSTs) in its Police and Fire/EMS Communications divisions, effective February 23, 2025. The changes would involuntarily transfer 25 PSTs from night shifts to day shifts or vice versa, disrupting established work schedules. The Communications Workers of America (CWA), representing the affected employees, filed an unfair practice charge and sought interim relief, arguing the changes violated the collective negotiations agreement (CNA) and would cause irreparable harm.
The PSTs worked 12-hour shifts, their schedules remaining stable since at least 2014. The County justified the changes by citing operational efficiency, safety concerns, and the need to balance experience and seniority across shifts. However, the CWA contended that the CNA explicitly protected employees’ current schedules unless mutually agreed upon. From Article 5.1 of the CNA: “The current hours of work, including meals, shift schedules, and breaks, and the days on which work is performed shall continue, except as may be provided otherwise by agreement of the parties.” Additionally, Article 5.3 required seniority-based scheduling preferences and 30 days’ notice for involuntary reassignments, except in emergencies.
The CWA presented evidence that the shift changes would severely disrupt employees’ lives, citing hardships such as medical conditions, childcare obligations, and other personal challenges. The Union also proposed an alternate schedule that balanced the County’s operational needs without forcing involuntary transfers. The County rejected this proposal, claiming it did not fully address departmental needs but failed to provide specific justifications.
The New Jersey Public Employment Relations Commission Designee evaluated the case under the Crowe v. De Gioia standard, requiring a substantial likelihood of success on the merits and proof of irreparable harm for interim relief. The Designee found that the CWA was likely to succeed, as the County’s unilateral action appeared to violate the unambiguous terms of the CNA. The Designee also determined that involuntary 12-hour shift changes would cause irreparable harm by upending employees’ personal and professional lives, a harm that could not be remedied later.
The County argued the dispute was contractual and should be resolved through grievance procedures, not an unfair labor practice charge. However, the Designee distinguished between a mere breach of contract and a repudiation of negotiated terms, concluding that the County’s actions amounted to the latter. The Designee emphasized that the County had not demonstrated an emergency justifying the unilateral changes and had failed to negotiate in good faith.
Interim relief was granted, maintaining the status quo unless the parties agreed to alternative arrangements, and the case was referred back to the Director of Unfair Practices for further proceedings.
County of Gloucester, 51 NJPER ¶ 73 (NJPER 2025).