Commission Permits Arbitration Over Compensation For Advanced Degree

By Ira W. Mintz, Esq.

Kingwood Township Board of Education and Kingwood Township Education Association

In P.E.R.C. No. 2014-34, the Commission denied the employer’s request for a restraint of binding arbitration of a grievance challenging the denial of a teacher’s request to move up on the salary guide after obtaining a masters degree.  The Commission rejected the school board’s argument that its action, which was authorized by an education statute, was reviewable only by the Commissioner of Education, not an arbitrator.  The Commission reiterated that the New Jersey Supreme Court has held that disputes over terms and conditions of employment that are regulated by statute can be resolved through binding arbitration provided the arbitrator’s determination is consistent with the terms of the statute and court decisions construing it.

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