Communications Workers of America, AFL-CIO v. New Jersey Civil Service Commission

In March 2013, the Civil Service Commission (the Commission) published amendments to the New Jersey Administrative Code (the Proposed Rule). The Proposed Rule introduced the concept of a “job band,” defined as “a grouping of titles or title series into a single broad band consisting of title levels with similar duties, responsibilities, and qualifications.” Under the Proposed Rule, employees could advance between banded titles without competitive examinations, and the appointing authority would have the discretion to choose among all of the candidates who demonstrated the required competencies, rather than choosing among the three highest-ranking eligibles. In the Commission’s view, there was “no Constitutional or statutory impediment to the advancement of employees to different levels within a single title without a formal, competitive examination.” On June 27, 2013, the Legislature passed a concurrent resolution declaring the Proposed Rule inconsistent with the legislative intent of the Civil Service Act. On December 4, 2013, the Legislature transmitted the concurrent resolution, commencing the thirty-day period for the Commission to amend or withdraw the rule. The next day, however, the Senate commenced the second phase of the Legislative Review Clause by introducing a concurrent resolution invalidating the Proposed Rule. At issue before the New Jersey Supreme Court was the Legislature’s first exercise of its constitutional authority under the Legislative Review Clause and the threshold question of whether and under what standard a court could review concurrent resolutions as to agency rules and regulations. The Court determined a court could reverse the Legislature’s invalidation of an agency rule or regulation pursuant to the Legislative Review Clause if: (1) the Legislature has not complied with the procedural requirements of the Clause; (2) the Legislature has incorrectly asserted that the challenged rule or regulation was inconsistent with “the intent of the Legislature as expressed in the language of the statute which the rule or regulation is intended to implement,” N.J. Const. art. V, § 4, ¶ 6; or (3) the Legislature’s action violates a protection afforded by any other provision of the New Jersey Constitution, or a provision of the United States Constitution. To determine legislative intent, a court should rely exclusively on statutory language and not apply a presumption in favor of either the Legislature’s findings or the agency’s exercise of its rulemaking authority. In this case, the Supreme Court found no procedural defect or constitutional infirmity in the Legislature’s actions. The Legislature correctly determined that N.J.A.C. 4A:3-3.2A conflicted with two provisions of the Civil Service Act. View "Communications Workers of America, AFL-CIO v. New Jersey Civil Service Commission" on Justia Law