Hudson County Superior Court Judge Anthony D’Elia has issued an order indicated that a Hoboken employee who sued over the terms of her rehire in December 2020 is entitled to salary longevity and benefits.
By John Heinis/Hudson County View
“Ordered that the Arbitration Award in PERC Docket No. AR- 2021-355 is hereby reversed, retroactive to Ms. Sacco’s date of rehire,” D’Elia ruled yesterday.
“And it is ordered that Ms. Sacco is to be given the salary longevity and benefits she was entitled to before she was released in May, 2020; and it is ordered that, going forward, this issue must be addressed in negotiations between the parties.”
The Hoboken Municipal Employees Association sued the city on Sacco’s behalf back in September, as only HCV reported, since she was being treated as a new hire despite having 17 years of 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.
Sacco was represented by Marcia Mitolo, of the Fairfield-based law firm Limsky Mitolo.
“We are very pleased with the Court’s decision. The Hoboken Municipal Employees Association has been working tirelessly since the City instituted these layoffs to fight for all of the affected members,” Mitolo told HCV.
“During the last four-and-a-half years, the Union has managed to secure reappointments for a majority of the employees who wished to return to work with the salary and benefits they were entitled to under the contract. Two weeks ago, the union also amicably settled the last open layoff appeal for an affected member. We are pleased to work with a union that has done so much to advocate for its members.”
City spokeswoman Marilyn Baer did not return an email seeking comment.