Commission Permits Arbitration Over Whether Coach is Covered by Contractual Recognition Clause

State of New Jersey, Stockton State College and Council of New Jersey State College Locals, AFT, AFL-CIO

In P.E.R.C. No. 2016-5, the Commission found that whether the contractual recognition clause covered the job the grievant was performing is mandatorily negotiable and therefore legally arbitrable.  Although not mentioned as an issue in the case, the Commission went on to restrain arbitration to the extent the grievance challenged the College’s managerial prerogative to create nonunit temporary or part-time seasonal lacrosse coaches.

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