Commission Permits Arbitration Over Non-Renewal of Security Aide

Passaic Board of Education and Passaic Education Association

In P.E.R.C. No. 2016-37, the Commission denied a request for a restraint of binding arbitration of a grievance challenging the non-renewal of a security aide as violating a contractual just cause provision.  The Commission found that whether the Board agreed to provide contractual tenure/job security and whether, if so, it had just cause to dismiss are legally arbitrable issues.  The court decisions that the Board relied on held that parties had not contractually agreed to arbitrate non-renewals, but did not preclude the parties from agreeing to do so.

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