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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