Monthly Archives: July 2017

Commission Permits Arbitration Over Which Qualified Employee Was Entitled to Additional Compensation for Additional Duty

Borough of Norwood and International Brotherhood of Teamsters Local 125

In P.E.R.C. No. 2017-57, the Commission denied a restraint of binding arbitration of a grievance contesting the Borough’s failure to pay additional compensation to the employee qualified in the processing of bio-diesel fuel selected by the Union.  Given the Borough’s admission that all unit members were qualified and absent any evidence that the Borough made an assessment of relative qualifications, the Commission permitted arbitration to proceed.  The Commission mistakenly applied the test for determining whether a grievance filed by a police or fire union is legally arbitrable.  However, the Commission would likely have reached the same result under the proper test.

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Commission Declines to Reconsider Decision Permitting Transfer of Unit Work to Non-unit Employee

Ocean Township Board of Education and Waretown Education Association

In P.E.R.C. No. 2017-53, the Commission denied a motion for reconsideration of P.E.R.C. No. 2017-45.  In that decision, the Commission restrained binding arbitration of a grievance challenging the Board’s unilateral transfer of unit work to a confidential employee outside of the Association’s negotiations unit.  The Commission reiterated its finding that the Board had a managerial prerogative to select the employee it deemed best suited for the position and that it did not base its decision on the unit work rule.  The Association has appealed.

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Commission Finds That Secret Recording of Meeting with Union Violated the Act

New Jersey Turnpike Authority and IFPTE Local 196 Chapter 1

In P.E.R.C. No. 2017-51, the Commission granted summary judgment in favor of IFPTE and found that the Turnpike Authority violated the Act when a supervisor secretly recorded an “off the record” meeting with Union representatives and an employee.  The Commission found that the supervisor’s interest in having a recording as a memory aid did not overcome the employee’s reliance on the promise that the meeting would be off the record.

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