Commission Ignores Its Own Precedent And Restrains Arbitration Over Overtime Allocation

By Ira W. Mintz, Esq.

Rutgers, The State University of New Jersey and Union of Rutgers Administrators-American Federation of Teachers, Local 1766, AFL-CIO

In P.E.R.C. No. 2014-41, the Commission restrained binding arbitration over the assignment of non-unit members to perform boiler checks in Rutgers’s heating and cooling plants when negotiations unit members are on vacation.  Ignoring precedent cited to it by the Union, including a 1980 Appellate Division decision that also involved Rutgers, the Commission found that this case primarily involves the non-arbitrable issue of staffing levels rather than the arbitrable issue of which Rutgers employees will perform boiler checks when unit employees are out.  The Union has filed an appeal.

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