Commission Finds No Refusal To Execute Contract Despite Unambiguous MOA

Township of Nutley and PBA Local 33 (Superiors) and PBA Local 33

In P.E.R.C. No. 2017-38, the Commission denied motions for summary judgment filed by two unions alleging the employer violated the Act by refusing to execute draft collective negotiations agreement consistent with the parties’ memorandum of agreement (MOA).  The Commission found that although the MOA “is clear and unambiguous on its face,” final resolution requires a thorough consideration of other evidence.

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