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P.E.R.C. No. 2006-58, Cumberland Cty College

NJ Public Employment Relations Commission decision P.E.R.C. No. 2006-58, issued February 23, 2006: scope of negotiations, Cumberland Cty College. The Public Employment Relations Commission denies the request of Cumberland County College for a restraint of advisory arbitration of a grievance filed by

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A decision of the New Jersey Public Employment Relations Commission (PERC), not of the Civil Service Commission.

Decision
P.E.R.C. No. 2006-58
Issued
February 23, 2006
Employer, as PERC printed it
Cumberland Cty College
Docket
SN-2006-042
Kind of decision
Scope of negotiations
Reported at
32 NJPER 38 (¶20 2006)

Synopsis

As PERC published it.

The Public Employment Relations Commission denies the request of Cumberland County College for a restraint of advisory arbitration of a grievance filed by the Cumberland County College Faculty Association/NJEA. The Commission will ordinarily dismiss a petition seeking a restraint of advisory arbitration unless the petition alleges that the subject of the grievance is preempted, since it would be illegal for the parties to implement an advisory award violating a statute or regulation. The College alleges that the New Jersey Higher Education Restructuring Act preempts arbitration of this dispute. The Commission finds that the higher education statute did not address or eliminate application of the New Jersey Employer-Employee Relations Act to county colleges.

Issue, as PERC stated it: Educational employees, professionals, professors, college instructors; Mandatory subjets, case law; grievance arbitration

It also cites N.J.S.A. 34:13A-1, which this site does not reproduce, so it is not linked.

The decision

The panel is the decision as PERC issued it; labels, links and ¶ are ours.

CaptionSTATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION In the Matter of CUMBERLAND COUNTY COLLEGE, Petitioner, -and- Docket No. SN-2006-042 CUMBERLAND COUNTY COLLEGE FACULTY ASSOCIATION/NJEA, Respondent.

SynopsisSYNOPSIS

The Public Employment Relations Commission denies the request of Cumberland County College for a restraint of advisory arbitration of a grievance filed by the Cumberland County College Faculty Association/NJEA. The Commission will ordinarily dismiss a petition seeking a restraint of advisory arbitration unless the petition alleges that the subject of the grievance is preempted, since it would be illegal for the parties to implement an advisory award violating a statute or regulation. The College alleges that the New Jersey Higher Education Restructuring Act preempts arbitration of this dispute. The Commission finds that the higher education statute did not address or eliminate application of the New Jersey Employer-Employee Relations Act to county colleges.

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.

CaptionSTATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION In the Matter of CUMBERLAND COUNTY COLLEGE, Petitioner, -and- Docket No. SN-2006-042 CUMBERLAND COUNTY COLLEGE FACULTY ASSOCIATION/NJEA, Respondent.

AppearancesAppearances:

For the Petitioner, Basile & Testa, P.A., attorneys (Todd W. Heck, on the brief)

For the Respondent, Julie Giordano, Field Representative, New Jersey Education Association

DECISION

On November 16, 2005, Cumberland County College petitioned for a scope of negotiations determination. The College seeks a restraint of advisory arbitration of a grievance filed by the Cumberland County College Faculty Association/NJEA. The grievance concerns the assignment of a faculty member as the Education Opportunity Fund (EOF) club advisor.

The parties have filed briefs and exhibits. These facts appear.

The Association represents faculty members. The parties’ collective negotiations agreement is effective from July 1, 2003 through June 30, 2006. The grievance procedure ends in advisory arbitration.

We will restrain advisory arbitration only when the subject of a grievance is preempted by statute or regulation. Englewood Cliffs Bd. of Ed., P.E.R.C. No. 82-21, 7 NJPER 507 n.5 (¶12225 1981). In another decision issued today, we rejected the College’s argument that New Jersey Higher Education Restructuring Act, N.J.S.A. 18A:3B-1 et seq., eliminates application of the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-1 et seq., to county colleges. Cumberland Cty. College, P.E.R.C. No. 2006-__, __ NJPER __ (¶__ 2006). As in that case, the College has not cited any specific statute or regulation governing this dispute. The grievance may therefore legally be submitted to advisory arbitration.

OrderORDER

The request of Cumberland County College for a restraint of advisory arbitration is denied.

BY ORDER OF THE COMMISSION

Chairman Henderson, Commissioners Buchanan, DiNardo, Fuller and Watkins voted in favor of this decision. None opposed. Commissioner Katz was not present.

ISSUED: February 23, 2006

Trenton, New Jersey

About this page

Not an official copy. The decision of record is PERC's document page and the PDF PERC published. The text here was extracted from it and may differ in layout or, rarely, in a character.

Not the Civil Service Commission. PERC is a separate state agency from the Civil Service Commission. It administers the New Jersey Employer-Employee Relations Act, which governs collective negotiations in public employment; the Civil Service Commission administers Title 11A, which governs hiring, titles and discipline.

The label is ours. The kind of decision is our reading of the docket and the text. A decision applies the law to its own facts, may since have been appealed or overtaken, and is not a prediction for any other dispute. Nothing here is legal advice.

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