By Tom Haydon
The Star-Ledger
EDISON, N.J. — A Superior Court judge yesterday refused to block the layoffs of six Edison firefighters, saying their union failed to prove the cuts would irreparably harm the township.
Judge Glenn Berman, sitting in New Brunswick, rejected the union request for an injunction to stop the layoffs Edison Mayor Jun Choi ordered last month.
Berman relied heavily upon a statement from Fire Chief Norman Jensen, who said the layoffs “will not endanger the health and safety of the township.”
“Nobody wants a firefighter to lose his or her job,” Berman said in announcing his decision.
Choi laid off the firefighters as part of an effort to close an $8.4 million budget gap. Firefighters, however, claim Choi ordered the layoffs as political retribution against the union. The six firefighters were the only employees to lose their jobs.
Choi had warned in June that as many as 75 township employees could lose their jobs unless 11 unions agreed to wage freezes or offered other cost cutting measures.
Township officials met with municipal unions last month to seek cost cuts, but the firefighters refused to attend the meeting.
“If the firefighters had sat down with us, perhaps we could have avoided these layoffs,” township labor attorney Mark Ruderman told Berman yesterday.
He said the township was able to avoid laying off other workers through measures such as retirements.
Berman said staff reductions via retirements were different from unions making concessions.
In his statement, Jensen said the township will continue to have 22 firefighters on duty for every shift to cover the municipality.
After the hearing, union president Robert Yackel said staffing levels have already been below 22 firefighters on some shifts, but Ruderman countered the township is maintaining that minimum staff level.
Raymond Heineman, the Woodbridge attorney representing the firefighters, argued the layoffs were retribution for the union’s support of Councilwoman Antonio Ricigliano, who defeated Choi in the primary for the Democratic mayoral nomination.
Berman said he could not consider the possibility of political retaliation.
The union has requested information about township finances for review by an auditor. Heineman said the auditor, while not having received all the requested data, had already identified more than $2 million that could be used to save the jobs.
The township will complete an annual financial statement next month and give it to the union to review.
Berman scheduled a full hearing for Aug. 31 on the union’s request for a permanent injunction.
Berman’s ruling came two days after the township council passed a resolution calling on Choi to rescind the layoffs. Hundreds attended the three-hour meeting, many speaking out against the layoffs.
Township spokesman Jerry Barca, when asked about the staff reductions yesterday, said “Layoffs were and remain a last resort. We would be more than happy to have a discussion with the fire union to help close part of the budget gap.”
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