Commission Finds Shift Bidding Dispute Non-Arbitrable Based on Prior Negotiability Determination

County of Hudson and PBA Local 109A

In P.E.R.C. No. 2016-8, the Commission restrained binding arbitration over a shift-bidding by seniority dispute based on a prior Commission decision finding a shift-bidding clause to be not mandatorily negotiable.  The Commission relied on a City of Newark case, P.E.R.C. No. 88-87, which had stated that once the negotiability of a proposal or provision has been determined, its negotiability may not be challenged each time the contract expires.  City of Newark, however, was a contract negotiations case and it also stated that if a particular dispute arose, the issue could be examined in that context and the City could seek to block arbitration.  In this case, a particular dispute arose and the Commission chose not to perform the requisite negotiability analysis based on the particular facts of the dispute.

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