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.