Commission Permits Arbitration Over Termination of Non-certified Employees

Pleasantville Board of Education and Pleasantville Education Association

In P.E.R.C. No. 2018-8, the Commission denied a request for a restraint of binding arbitration of a grievance alleging that two untenured non-certified employees were terminated without just cause.  The Commission rejected the Board’s argument that arbitration was preempted by the District Fiscal Accountability Act, N.J.S.A. 18A:7A-54 et seq.  and that it could not defend the actions at arbitration because the State monitor, not the Board, terminated the employees.  The Commission noted that the Accountability Act makes a State monitor’s authority “subject to the education, labor, and employment laws” and a district’s collective negotiations agreement.

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