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An appeals court found New Jersey state troopers aren't entitled to free tolls as part of their union agreement with the State Police. (Aristide Economopoulos | NJ Advance Media for NJ.com)

(Aristide Economopoulos)

TRENTON -- The New Jersey State Police does not have to reimburse state troopers for toll fares during their commute to and from work, an appeals court has ruled in a dispute between the state and the troopers' union.

The two-judge panel found on Thursday that an arbitrator was mistaken in declaring the practice "an established term and condition of employment."

For years, the operators of the state's major toll roads, the New Jersey

Turnpike Authority and the South Jersey Transportation Authority, allowed troopers and other state employees to pass through their toll booths in personal vehicles free of charge.

But in 2010, Gov. Chris Christie called for an end to free rides for non-emergency vehicles. Soon after, a report from the state comptroller also flagged the practice in a report identifying $43 million in waste within the Turnpike Authority.

The toll perk was revoked by the authorities in November of that year, and when the State Police declined to pick up the tab, the State Troopers Fraternal Association filed a grievance accusing the division of violating their collective bargaining agreement.

According to court documents, the State Police had agreed to a "mileage allowance" for troopers but argued the free tolls were a perk provided by the transit authorities and "as such (the State Police) cannot be held responsible for the elimination of the benefit."

The arbitrator found the toll-free passage was a negotiable benefit and an established "past practice," but the state appealed the decision.

The appellate court ruled the arbitrator "exceeded his authority and made a mistake of law" by finding the state should pay for troopers' tolls. The court found the "toll-free arrangement was a 'past practice' between the authorities and the troopers, not between the troopers and the division."

A spokesman for the state Attorney General's Office, which represented the State Police in the dispute, declined to comment on the decision. An attorney for the troopers union could not be reached.

S.P. Sullivan may be reached at ssullivan@njadvancemedia.com. Follow him on Twitter. Find NJ.com on Facebook.