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Tag: arbitration

Appellate Division Affirms Tuition Reimbursement Issue Not Subject to Arbitration

By on April 11, 2017 in Labor & Employment with 1 Comment

On March 2, 2017, the New Jersey Appellate Division issued an unpublished decision in Hillsborough Township Board of Education v. Hillsborough Township Education Association in which it affirmed the Public Employment Relations Commission’s (“PERC”) determination that an issue involving tuition reimbursement was preempted by statute and therefore not arbitrable. This case arose from employees whose requests for tuition reimbursement were denied because the courses were not related to the employees’ current or future job responsibilities pursuant to N.J.S.A. 18A:6-8.5. In 2013, four individuals employed by the Hillsborough Township Board of Education (“Board”) sought tuition reimbursement from the Board for various […]

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N.J. Supreme Court Rules Arbitrator Exceeded Authority in Tenure Case

By on March 6, 2017 in Labor & Employment with 1 Comment

On February 21, 2017, the New Jersey Supreme Court in Bound Brook Board of Education v. Glenn Ciripompa invalided an arbitrator’s award in a tenure removal case after determining that the arbitrator exceeded his authority when he failed to determine whether a teacher’s actions rose to the level of conduct unbecoming. The arbitrator improperly applied the standard for hostile work environment instead of conduct unbecoming. Bound Brook Board of Education (“Board”) filed tenure charges against Glenn Ciripompa, a tenured high school math teacher, after an investigation revealed that he was using school district-issued laptops, iPads, and networks to transmit nude […]

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Appellate Division Decides Arbitrability Issue Involving Former School District Employees

By on March 17, 2016 in Labor & Employment with 0 Comments

Collective negotiated agreements (“CNAs”) delineate the terms and conditions of employment for many, if not the majority, of board of education employees.  They often dictate an employee’s rights and privileges, hours, salary, benefits, procedures for the termination of employment, and grievance procedures for challenging a board’s interpretation or application of the CNA.  On February 2, 2016, the Appellate Division in Egg Harbor Township Board of Education v. Egg Harbor Township Education Association, 2016 N.J. Super. Unpub. LEXIS 205 (App. Div. 2016) addressed the issue of whether the Egg Harbor Township Board of Education’s (“Board”) actions resulting in the discontinuation of […]

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