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.