Champions of Substantive Due Process: The Continuing Influence of the New Jersey Courts on the Scope of Negotiations

Christopher Kessler

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DOI: 10.2190/V3BQ-H98Q-ME3G-H3P1

Abstract

One of the issues that arises repeatedly in many public sector jurisdictions pertains to the range of issues that may be negotiated. Although a very broad scope of negotiations is permitted in private sector collective bargaining, New Jersey and many other public jurisdictions have attempted to restrict that scope. This paper traces the approaches that have been taken by PERC, the Legislature, and the court system to scope of negotiation in the New Jersey public sector. It focuses on how the courts have served as the guardians of managerial prerogatives.

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