Commission Restrains Arbitration Over Challenge to Winter Storm Overtime Procedures

Secaucus Municipal Utilities Authority and Teamsters Local 11

In P.E.R.C. No. 2018-24, the Commission restrained binding arbitration of a grievance contesting the procedures followed during a winter storm that resulted in two employees not being called in for overtime. The Commission found that the employer’s  decision not to call in additional employees on the two days in question was an exercise of its non-negotiable managerial prerogative to determine staffing requirements.  The Commission also restrained arbitration over the union’s claim that there was an impact on employee workload and safety.  Although the Commission’s jurisdiction in a scope of negotiations case does not extend to evaluating  the merits of a grievance, the Commission found that the Teamsters had not supported its argument with a certification from employees who were actually working on the dates in question and further found that the record did not reflect any safety concerns.

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