Hoboken union sues city alleging that contract was violated over terms of 2020 rehire

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The Hoboken Municipal Employees Association is suing the city, alleging that their collective bargaining agreement was violated over the terms of a rehire given to an employee in December 2020.

By John Heinis/Hudson County View

“On or about May 1, 2020, Ms. [Annemarie] Sacco, a seventeen- year employee of the City of Hoboken, was notified that she would be laid off from her permanent position of Keyboarding Clerk,” the 10-page lawsuit, filed in Hudson County Superior Court on Thursday, says.

“At the time of her layoff, Ms. Sacco was earning $57,000, and was entitled to 12% longevity, terminal leave, and 25 vacation days, which was based and calculated on her length of service with the City of Hoboken.”

The court filing continues that Sacco had previously been laid off in late 2008 and was rehired on December 6th, 2010 after being placed on a special reemployment list.

After being rehired, her salary and benefits were all calculated from her original September 7, 2003 hire date, the lawsuit claims.

On February 28th, 2020, 79 Hoboken City Hall employees received layoff notices, as HCV first reported, which ended ultimately ended up being 26 layoffs by May 7th of the same year.

The suit notes that Sacco was among those layoffs, receiving a certification from the New jersey Civil Service Commission in December. Shortly thereafter, she told the city she would be happy to return to work.

However, then-Personnel Officer Michael Kraus said she would be treated as a new hire, despite having 17 years of prior service with the city. Therefore, her salary was cut to $43,000 with no longevity, terminal leave, or pre-layoff sick and vacation day entitlements.

While Sacco still returned to her old post on January 4th, 2021, she also contacted then-HMEA President Diana Nieves, who filed a grievance on her behalf.

The New Jersey Public Employees Relation Commission (PERC) heard the case and arbitrator Elizabeth McGoldrick ruled on July 3rd, 2024 that the city violated their collective bargaining agreement with the HMEA and was ordered to reinstate her prior vacation leave benefits, the lawsuit explains.

However, the decision also indicated that she was not entitled to her prior salary, longevity pay, and/or terminal leave benefits.

According to Sacco, represented by Marcia Mitolo, of Fairfield Limsky Mitolo, McGoldrick “exceeded her authority” by ignoring “clear and unambiguous language” in the bargaining deal.

As a result, she is seeking a modification of the PERC decision, an order directing the city “to cease unilaterally establishing wages and benefits” from HMEA employees, along with any other relief the court deems just and proper.

A city spokeswoman did not return an email seeking comment, but the city typically does not comment on pending litigation.

In July 2022, the Superior Court of New Jersey Appellate Division sided with the HMEA over a 2020 pay dispute over demotions.


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3 COMMENTS

  1. Well well well…. Ravi and the woke on the city council have living it up with composting, murals, drag queens and fake concerns over diversity – spending millions a year of our money indirectly buying votes… Butthe screw over the Born and Raised long time workers who made this city.

    If you’re Born and Raised , Black, Hispanic, Faithful, Christian or not a “They”
    Ravi and team have no sue for you.
    Charging Italian Feasts, Housing Authority Cook outs and Basketball tournaments for police and permits- while bike parades and other festivals Ravi likes pay zero…

    Even though some on council oppose him, they let him get away with it
    Soon thanks to all the wealthy new council people taking over, Hobokenites will all be gone or forced to sue.
    Just ask Leo, or Coach Johnson…

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