STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. SN SYNOPSIS

Similar documents
STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. SN SYNOPSIS

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. SN SYNOPSIS

P.E.R.C. NO STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. SN SYNOPSIS

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. SN SYNOPSIS

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. SN SYNOPSIS

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. SN SYNOPSIS

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. SN SYNOPSIS

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. SN SYNOPSIS

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. SN

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. SN SYNOPSIS

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. SN SYNOPSIS

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. SN SYNOPSIS

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. SN SYNOPSIS

P.E.R.C. NO STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. SN SYNOPSIS

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. SN SYNOPSIS

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. SN SYNOPSIS

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. SN SYNOPSIS

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. SN SYNOPSIS

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. SN SYNOPSIS

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. SN SYNOPSIS

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. CO SYNOPSIS

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket Nos. SN SN SYNOPSIS

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Respondents, Docket Nos. CI and- CI CI JUDY THORPE,

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. SN SYNOPSIS

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. IA SYNOPSIS

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. SN SYNOPSIS

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. SN SYNOPSIS

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. PERC Docket No. CO

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. CO SYNOPSIS

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. CO SYNOPSIS

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION AND CIVIL SERVICE COMMISSION. Charging Party/Appellant,

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. CO Charging Party. SYNOPSIS

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. MC

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. CE SYNOPSIS

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Respondent/Public Employer, Docket No. CI

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. CO SYNOPSIS

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. CO SYNOPSIS

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Petitioner/Charging Party,

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. CO SYNOPSIS

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. IA SYNOPSIS

MINUTES OF MEETING NEW JERSEY PUBLIC EMPLOYMENT RELATIONS COMMISSION January 25, :00 a.m. 495 West State Street Trenton, New Jersey

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. CO SYNOPSIS

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. CO SYNOPSIS

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. CO SYNOPSIS

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. CO SYNOPSIS

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. SN SYNOPSIS

# (OAL Decision: V. : COMMISSIONER OF EDUCATION

General Counsel's Supplemental Report

STATE OF NEW JERSEY PUBLIC EMPLOYMENT RELATIONS COMMISSION BEFORE THE DIRECTOR OF UNFAIR PRACTICES. Docket No. CE SYNOPSIS

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. CO SYNOPSIS

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. CO SYNOPSIS

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. SN SYNOPSIS

STATE OF NEW JERSEY PUBLIC EMPLOYMENT RELATIONS COMMISSION. August 10, Commission Cases

MINUTES OF MEETING NEW JERSEY PUBLIC EMPLOYMENT RELATIONS COMMISSION March 31, :00 a.m. 495 West State Street Trenton, New Jersey

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. SN SYNOPSIS

STATE OF NEW JERSEY PUBLIC EMPLOYMENT RELATIONS COMMISSION. December 20, RE: Counsel s Office Developments since November 20, 2018

STATE OF NEW JERSEY PUBLIC EMPLOYMENT RELATIONS COMMISSION BEFORE THE DIRECTOR OF UNFAIR PRACTICES. Docket No. CI SYNOPSIS

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Respondents, Docket No. CI SYNOPSIS

STATE OF NEW JERSEY PUBLIC EMPLOYMENT RELATIONS COMMISSION. August 13, Commission Cases and Cases related to Commission Jurisdiction 1/

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. CO Charging Party. Charging Party.

STATE OF NEW JERSEY BEFORE A HEARING EXAMINER OF THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. CO SYNOPSIS

MINUTES OF MEETING NEW JERSEY PUBLIC EMPLOYMENT RELATIONS COMMISSION October 20, :00 a.m. 495 West State Street Trenton, New Jersey

MINUTES OF MEETING NEW JERSEY PUBLIC EMPLOYMENT RELATIONS COMMISSION June 28, :00 a.m. 495 West State Street Trenton, New Jersey

MINUTES OF MEETING NEW JERSEY PUBLIC EMPLOYMENT RELATIONS COMMISSION November 17, :00 a.m. 495 West State Street Trenton, New Jersey

STATE OF NEW JERSEY PUBLIC EMPLOYMENT RELATIONS COMMISSION. December 9, RE: Developments in the Counsel s Office Since November 12, 2015

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Charging Party, Docket No. CO SYNOPSIS

STATE OF NEW JERSEY BEFORE A HEARING EXAMINER OF THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. CO SYNOPSIS

MINUTES OF MEETING NEW JERSEY PUBLIC EMPLOYMENT RELATIONS COMMISSION April 26, :00 a.m. 495 West State Street Trenton, New Jersey

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION. Argued February 27, Decided. Before Judges Grall, Koblitz and Accurso.

(OAL Decision: PETITIONERS, : COMMISSIONER OF EDUCATION V.

Submitted October 25, 2016 Decided. Before Judges Messano and Espinosa.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION. Submitted March 10, 2015 Decided. Before Judges Fisher, Accurso and Manahan.

MINUTES OF SPECIAL MEETING NEW JERSEY PUBLIC EMPLOYMENT RELATIONS COMMISSION May 13, :00 a.m. 495 West State Street Trenton, New Jersey

APPENDIX F. NEW JERSEY JUDICIARY APPELLATE PRACTICE FORMS 1. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION CIVIL CASE INFORMATION STATEMENT

Argued February 26, 2018 Decided. On appeal from Superior Court of New Jersey, Law Division, Middlesex County, Docket No. L

V. : COMMISSIONER OF EDUCATION BOARD OF EDUCATION OF THE : DECISION CITY OF TRENTON, MERCER COUNTY, : SYNOPSIS

General Counsel's Annual Report 2003

# (SBE Decision OF CERTIFICATION AFTER : COMMISSIONER OF EDUCATION

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION. On Motion for Leave to Appeal and Stay.

PETITIONER, : COMMISSIONER OF EDUCATION SYNOPSIS

V. : COMMISSIONER OF EDUCATION BOARD OF EDUCATION OF THE : DECISION TOWNSHIP OF CLARK, UNION COUNTY, SYNOPSIS

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. IA SYNOPSIS

Decided by the Commissioner of Education, October 3, Decision on motion by the Commissioner of Education, November 20, 2002

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket Nos. CO CO SYNOPSIS

# (OAL Decision: V. : COMMISSIONER OF EDUCATION SYNOPSIS

V. : COMMISSIONER OF EDUCATION BOARD OF EDUCATION OF THE : DECISION BOROUGH OF BEACH HAVEN, OCEAN COUNTY, : SYNOPSIS

City of Englewood (hereinafter petitioner) filed tenure charges against eight teaching staff

49-04 (Link to OAL Decision: V. : COMMISSIONER OF EDUCATION

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

IN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT SCIOTO COUNTY

BIENNIAL REPORT OF THE NEW JERSEY PUBLIC EMPLOYMENT RELATIONS COMMISSION ON THE

V. : COMMISSIONER OF EDUCATION NEW JERSEY STATE DEPARTMENT OF : DECISION EDUCATION, : RESPONDENT. : SYNOPSIS

SCHOOL DISTRICT OF THE TOWNSHIP OF : DECISION SYNOPSIS

V. : COMMISSIONER OF EDUCATION BOARD OF EDUCATION OF THE : DECISION BOROUGH OF METUCHEN, MIDDLESEX COUNTY, : SYNOPSIS

Argued October 16, 2017 Decided. Before Judges Messano and Vernoia.

CHAPTER 12. NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, AND GRIEVANCE ARBITRATION i

Elections Memorandum November 8, 2001 Page 1 /election/electionm doc

Argued September 26, 2017 Decided. Before Judges Reisner, Hoffman and Mayer.

# (OAL Decision: Not yet available online)

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Transcription:

P.E.R.C. NO. 2013-12 STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION In the Matter of RUTGERS, THE STATE UNIVERSITY OF NEW JERSEY, Petitioner, -and- Docket No. SN-2012-003 FRATERNAL ORDER OF POLICE, SUPERIOR OFFICERS ASSOCIATION, Respondent. SYNOPSIS The Public Employment Relations Commission grants the request of Rutgers, The State University of New Jersey for a restraint of binding arbitration of a grievance filed by fraternal Order of Police, Superior Officers Association. The grievance contests the demotion of a Rutgers University police officer. The Commission holds that police officers may not contest major disciplinary sanctions through binding arbitration. This synopsis is not part of the Commission decision. It has been prepared for the convenience of the reader. It has been neither reviewed nor approved by the Commission.

P.E.R.C. NO. 2013-12 STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION In the Matter of RUTGERS, THE STATE UNIVERSITY OF NEW JERSEY, Petitioner, -and- Docket No. SN-2012-003 FRATERNAL ORDER OF POLICE, SUPERIOR OFFICERS ASSOCIATION, Appearances: Respondent. For the Petitioner, Lisa T. Wahler, Associate General Counsel, of counsel For the Respondent, Chamlin, Rosen, Uliano & Witherington, attorneys (Marcie L. Mackolin, of counsel) DECISION On July 15, 2011, Rutgers, the State University of New Jersey petitioned for a scope of negotiations determination. Rutgers seeks a restraint of binding arbitration of a grievance filed by the Fraternal Order of Police, Superior Officers Association. The grievance contests the demotion of a Rutgers University police officer. The parties have filed briefs. Rutgers has filed the certification of its Chief of Police. FOP represents full-time officers employed as University Police Sergeants and Senior Sergeants, Detectives, Senior

P.E.R.C. NO. 2013-12 2. Detectives, and Lieutenants. Rutgers and FOP are parties to a collective negotiations agreement effective from July 1, 2006 through June 30, 2009. The grievance procedure ends in binding arbitration. On July 9, 2007, the subject officer was promoted from police officer to sergeant. On May 29, 2008, a draft notice was sent to the Officer setting forth that the Chief was considering his demotion to police officer for his alleged inadequate performance as a sergeant. That notice ultimately became final. The FOP filed a grievance that was denied at all steps of the grievance procedure. The FOP demanded binding arbitration, and on September 2, 2010, filed a request for submission for a panel of arbitrators. Our jurisdiction is narrow. Ridgefield Park Ed. Ass n v. Ridgefield Park Bd. of Ed., 78 N.J. 144 (1978), states: The Commission is addressing the abstract issue: is the subject matter in dispute within the scope of collective negotiations. Whether that subject is within the arbitration clause of the agreement, whether the facts are as alleged by the grievant, whether the contract provides a defense for the employer s alleged action, or even whether there is a valid arbitration clause in the agreement or any other question which might be raised is not to be determined by the Commission in a scope proceeding. Those are questions appropriate for determination by an arbitrator and/or the courts. [Id. at 154]

P.E.R.C. NO. 2013-12 3. Rutgers argues that State v. State Troopers Fraternal Ass n, 134 N.J. 393 (1993), and our cases applying that decision, preclude binding arbitration of the merits of disciplinary actions against police officers. FOP asserts that, based on the Doctrine of Laches, Rutgers should be prevented from asserting that this issue cannot proceed to binding arbitration since the officer may be time barred from seeking appellate review of the demotion. The issue of the merits of this officer s demotion is not legally arbitrable. Police officers may not contest major disciplinary sanctions (suspensions of six days or more, demotions and terminations) through contractual binding arbitration procedures. N.J.S.A. 34:13A-5.3, as amended by L. 1996, c. 115; Monmouth Cty. v. CWA, 300 N.J. Super. 272 (App. 1/ Div. 1997). See also Rutgers, The State Univ., P.E.R.C. No. 96-22, 21 NJPER 356 ( 26220 1995), Rutgers, The State Univ., P.E.R.C. No. 2007-5, 32 NJPER 274 ( 113 2006), aff d 33 NJPER 199 (App. Div. 2007). There is no time limitation within which an 1/ Monmouth Cty. is more relevant authority than State Troopers, which found that disputes over the merits of all police disciplinary sanctions, including minor discipline, are not legally arbitrable. State Troopers has been superseded by the Legislature. N.J.S.A. 34:13A-5.3, as amended by L. 1996, c. 115. However, both cases stand for the proposition that disputes over the merits of major disciplinary sanctions for police officers are not legally arbitrable.

P.E.R.C. NO. 2013-12 4. employer must file a scope petition seeking to restrain grievance arbitration, except where grievance arbitration has been completed prior to the filing of a scope of negotiations petition. Keansburg Bd. of Ed., P.E.R.C. No. 87-77, 13 NJPER 70 ( 18030 1986). ORDER The request of Rutgers, the State University for a restraint of binding arbitration is granted. BY ORDER OF THE COMMISSION Chair Hatfield, Commissioners Bonanni, Boudreau, Eskilson and Wall voted in favor of this decision. Commissioner Jones voted against this decision. Commissioners Voos recused herself. ISSUED: September 6, 2012 Trenton, New Jersey