In Sanjuan v. School District of West New York (A-45-22/087515) (Decided February 12, 2024), the Supreme Court of New Jersey clarified an arbitrator’s authority under the Tenure Employees Hearing Law. According to the court, the statute provides the basis to refer a case to arbitration but does not limit an
The Supreme Court of New Jersey recently granted certiorari in Passaic County v. Horizon Healthcare Services. The closely watched case involves whether the requirement that an enforceable arbitration provision must contain an express waiver of the right to seek relief in a court of law applies in suits involving sophisticated
In In the Matter of Officer Gregory DiGuglielmo & New Jersey Institute of Technology (A-33-21/085064) (Decided November 28, 2022), the Supreme Court of New Jersey held that special disciplinary arbitration administered by the Public Employment Relations Commission (PERC) is available to police officers at public colleges and universities when appealing
Local governments should be aware that the two percent cap on interest arbitration awards is set to expire at the end of the year. The cap limits how much compensation arbitrators can award police and firefighters who have reached a contract negotiation impasse with New Jersey municipalities. Under existing law, any
In Bound Brook Board of Education v. Glenn Ciripompa, the Supreme Court of New Jersey held that an arbitrator exceeded his authority by applying the standard for proving a hostile-work-environment, sexual-harassment claim under the Law Against Discrimination (LAD) to a claim of unbecoming conduct in a tenured teacher misconduct hearing. Facts
The New Jersey Supreme Court recently upheld an arbitration award in a dispute between a municipality and local labor union. In doing so, it highlighted that courts should give great deference to arbitration awards in New Jersey public-sector labor disputes so long as they are reasonably debatable. The Facts of
