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31 MARY BORRELLO v. ELIZABETH BOARD OF EDUCATION -- rank: 799

... grounds, as set forth below. IV. The Law Division applied N.J.S.A. 34:13A-5.3 to dismiss plaintiffs' contractual claims arising under the CBA. Count ... discharge, invoking the CBA's requirements of "respect" and "dignity." N.J.S.A. 34:13A-5.3 is part of the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-1 to -21. N.J.S.A. 34:13A-5.3 governs the negotiation of CBAs covering public employees, and provides ... entered into between the public employer and the representative organization." N.J.S.A. 34:13A-5.3 "provides that '[g]rievance and disciplinary review procedures established by ... v. Rutgers Univ. , 103 N.J. 116 , 124 (1986) (quoting N.J.S.A. 34:13A-5.3). N.J.S.A. 34:13A-5.3 "mandates the use of the grievance procedures established by ...

docket:	a3151-14
court:	NJ Superior Court Appellate Division
decided:	2016-08-16
status:	unpublished
citation:
Document Size:	39452

32 Paul Barila v. Board of Education of Cliffside Park -- rank: 791

... to negotiate agreements covering all employees in the unit.” N.J.S.A. 34:13A-5.3. On July 1, 2012, the Board and the Association entered ... disciplinary disputes, and other terms and conditions of employment.” N.J.S.A. 34:13A-5.3. Public employers “are barred from ‘unilaterally altering . . . mandatory ...

docket:	a-39-18
court:	NJ Supreme Court
decided:	0000-00-00
status:
citation:
Document Size:	94083

33 IN THE MATTER OF STATE OF NEW JERSEY v. COUNCIL OF NEW JERSEY STATE COLLEGE LOCALS -- rank: 783

... employees with broad power to form and join labor unions. N.J.S.A. 34:13A-5.3. One such exception excludes "managerial executive" level employees from being ...

docket:	a2962-12
court:	NJ Superior Court Appellate Division
decided:	2015-02-20
status:	unpublished
citation:
Document Size:	46085

34 NEW JERSEY TURNPIKE AUTHORITY v. NEW JERSEY TURNPIKE SUPERVISORS ASSOCIATION -- rank: 783

... not impinge on or implicate an inherent managerial prerogative. 1. N.J.S.A. 34:13A-5.3 of the Public Employer-Employee Relations Act (Act) clearly provides ... negotiations and that those procedures may include binding arbitration. Under N.J.S.A. 34:13A-5.3 and Article XV of the CNA, binding arbitration has been ... other statute in respect of his minor discipline. Therefore, under N.J.S.A. 34:13A-5.3, the specific and narrow statutory exemption of disciplinary procedures from ... may provide binding arbitration as a means of resolving disputes. N.J.S.A. 34:13A-5.3 states: ��������[T]he public employer shall meet at reasonable times ... of its plain language. Before 1982, the relevant section of N.J.S.A. 34:13A-5.3 merely stated that "the public employer shall meet at reasonable ... February 1, 1982, by the sponsors of the amendment to N.J.S.A. 34:13A-5.3 clearly provides, consistent with the expressed intention of the ...

docket:	a-20-95
court:	njsupreme
decided:	1996-01-31
status:
citation:	143 N.J. 185
Document Size:	46112

35 State of New Jersey, Office of Employee Relations v. Communications Workers of America, AFL-CIO, and Audrey Bomse -- rank: 783

... been mandatorily negotiable. The New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-5.3 to �disciplinary review procedures� confirm that such procedures may be ... statutes establishing unclassified employees' at-will status in conjunction with N.J.S.A. 34:13A-5.3, we gain insight into the intent of the Legislature. From ... enunciated in the arbitration award is consistent with statutory law. N.J.S.A. 34:13A-5.3 authorizes the State to negotiate disciplinary review procedures, including binding ...

docket:	a-65-97
court:	njsupreme
decided:	1998-06-09
status:
citation:	154 N.J. 98
Document Size:	57413

36 /usr/local/share/www/libweb/collections/courts/appellate/a2962-12a2987-12.opn.html -- rank: 783

... employees with broad power to form and join labor unions. N.J.S.A. 34:13A-5.3. One such exception excludes "managerial executive" level employees from being ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	45120

37 IN THE MATTER OF STATE OF NEW JERSEY v. COUNCIL OF NEW JERSEY STATE COLLEGE LOCALS -- rank: 783

... employees with broad power to form and join labor unions. N.J.S.A. 34:13A-5.3. One such exception excludes "managerial executive" level employees from being ...

docket:	a2987-12
court:	superior court trial
decided:	2015-02-20
status:	unpublished
citation:
Document Size:	45971

38 /usr/local/share/www/libweb/collections/courts/appellate/a0597-17.opn.html -- rank: 772

... and to negotiate agreements covering all employees in the unit[.]' N.J.S.A. 34:13A-5.3. It further states that '[w]hen an agreement is reached ... 168 N.J. 354, 379 (2001) (alteration in original) (quoting N.J.S.A. 34:13A-5.3). Additionally, the grievance procedures established in the agreement 'shall be ... of such agreement[,]' and the EERA explicitly permits binding arbitration. N.J.S.A. 34:13A-5.3. 'Nevertheless, the question whether a particular dispute is arbitrable under ... arbitration clause shall be resolved in favor of requiring arbitration.' N.J.S.A. 34:13A-5.3. In his pleadings, plaintiff specifically names only one contract that ...

docket:
court:
decided:
status:
citation:
Document Size:	97262

39 IN THE MATTER OF CITY OF EAST ORANGE AND EAST ORANGE SUPERIOR OFFICERS ASSOCIATION -- rank: 761

... expressed in its final decision. We add the following comments. N.J.S.A. 34:13A-5.3 requires that: 'the majority representative and designated representatives of the ...

docket:	a2786-20
court:	NJ Superior Court Appellate Division
decided:	2022-05-04
status:	Unpublished
citation:
Document Size:	40491

40 IN THE MATTER OF RUTGERS, THE STATE UNIVERSITY OF NEW JERSEY - and FRATERNAL ORDER OF POLICE LODGE 62 - -- rank: 747

... Specifically, PERC 2 A-0990-16T3 determined that amendments to N.J.S.A. 34:13A-5.3 in 20031 and 20052 had not altered the holdings of ... J. Super. 1 L. 2003, c. 119, § 2 amended N.J.S.A. 34:13A-5.3 to permit binding arbitration of disputes involving major discipline of ... 248 at 4-5 (1995) (same). The Union asserts 'that N.J.S.A. 34:13A-5.3, as amended in 2005, expressly provides for arbitration of major ... it pertains to binding arbitration of disputes involving major discipline, N.J.S.A. 34:13A-5.3 as amended in 2003 and 2005 provides: Where the State ... FOP presents no argument based on the current provisions of N.J.S.A. 34:13A- 5.3 addressing arbitration and major discipline.'); In re Rutgers, The State ... assail PERC's reasonable interpretation of the 2003 amendment to N.J.S.A. 34:13A-5.3 as limited to the State of New Jersey, it ...

docket:	a0990-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-27
status:
citation:
Document Size:	14243

41 SALEM COMMUNITY COLLEGE v. SALEM COMMUNITY COLLEGE SUPPORT STAFF ASSOCIATION -- rank: 736

... sector collective negotiation agreements shall be submitted to arbitration. See N.J.S.A. 34:13A-5.3. We affirm. I. Salem Community College is a publicly-funded ... that the presumption [in favor of arbitrability] of the statute [ N.J.S.A. 34:13A-5.3] says that . . . if there's any question, . . . if you get ... arbitration clause shall be resolved in favor of requiring arbitration . [ N.J.S.A. 34:13A-5.3 (emphasis added).] It was this statute upon which the judge ... 2006 statutory enactment of "a presumption in favor of arbitration," N.J.S.A. 34:13A-5.3. Indeed, the Court noted in Camden that it had never ... the subsequently-enacted statutory presumption of arbitrability for public employees, N.J.S.A. 34:13A-5.3, we deem the Court's opinion in Camden to be ... term. Had the present dispute arisen before the enactment of N.J.S.A. 34:13A-5.3, we would have no hesitancy in concluding, as the ...

docket:	a1812-10
court:	NJ Superior Court Appellate Division
decided:	2011-12-21
status:	unpublished
citation:
Document Size:	46434

42 DIVISION OF STATE POLICE v. NEW JERSEY STATE TROOPER CAPTAINS ASSOCIATION -- rank: 736

... organization is authorized to negotiate "terms and conditions of employment." N.J.S.A. 34:13A-5.3. However, while the Act applies broadly to "public employees," defined ...

docket:	a6095-11
court:	NJ Superior Court Appellate Division
decided:	2015-06-08
status:	published
citation:	441 N.J.Super. 55 116 A.3d 63
Document Size:	46479

43 Board of Education of the Borough of Alpha, Warren County v. Alpha EducationAssociation -- rank: 727

... for public sector negotiations, was overruled when the Legislature amended N.J.S.A. 34:13A-5.3 to provide that a court �shall be bound by a ... that the Legislature overruled the above conclusion when it amended N.J.S.A. 34:13A-5.3, effective January 12, 2006, to provide that �[i]n interpreting ...

docket:	a-79-05
court:	njsupreme
decided:	2006-12-21
status:
citation:	188 N.J. 595
Document Size:	70442

44 EGG HARBOR TOWNSHIP BOARD OF EDUCATION v. EGG HARBOR TOWNSHIP EDUCATION ASSOCIATION -- rank: 724

... 187 , 201-02 (2004), superseded in part by amendments to N.J.S.A. 34:13A-5.3. 4 See also Pascack Valley , supra , 192 N.J. at ... of the presumption of arbitrability," suggesting the legislative enactment of N.J.S.A. 34:13A-5.3 has changed the law of the substantive arbitrability. Specifically, defendant ... supra , 199 N.J. at 333 (discussing the adoption of N.J.S.A. 34:13A-5.3.) 6 We disagree with the overbroad generalization mandating arbitration of ... a board of education's non-tenured employee retention decision. N.J.S.A. 34:13A-5.3 requires: "In interpreting the meaning and extent of a provision ... 98. The presumption of arbitrability for public employees adopted in N.J.S.A. 34:13A-5.3 does not eviscerate a board's statutory authority to determine ... internal quotations omitted). 4 " L. 1996 c. 115 § 4 ( N.J.S.A. 34:13A-5.3 (1996)) . . . emphasizes that courts 'shall be bound by a ...

docket:	a3035-14
court:	New Jersey Superior Court Appellate Division
decided:	2016-02-02
status:	Published
citation:
Document Size:	49153

45 Camden Board of Education v. Nelson Alexander et als. -- rank: 719

Original MSWord Version This case can also be found at *CITE_PENDING*. SYLLABUS (This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court ...

docket:	a-35-02
court:
decided:	2004-08-12
status:
citation:
Document Size:	265870