West Orange Board of Education and West Orange Education Association
In P.E.R.C. No. 2017-37, the Commission restrained arbitration over the termination of a an employee who alleged did not possess a required license to be employed as an occupational therapist. The Commission stated that it was deciding only the abstract negotiability and arbitrability question, and that the merits of the grievance as well as the employers’ contractual defenses are matters for the arbitrator. The Commission then rejected the grievant’s factual claim that she was hired as an occupational therapist assistant and found, as a fact, that she was hired as an occupational therapist who could not arbitrate her termination because she did not possess the requisite occupational therapist license/certification.