State of New Jersey v. Council of New Jersey State Colleges

Superior Court of New Jersey Appellate Division
State of New Jersey v. Council of New Jersey State Colleges
Docket No. A-4948-15T3

In October 2017, MSM convinced the Superior Court of New Jersey Appellate Division to affirm the decision made by the Public Employment Relations Commission (PERC) which permitted our clients of the Council of New Jersey State College Locals to arbitrate a grievance seeking to negotiate procedures for the granting of tenure-upon-hire for new faculty members. The Council’s grievance was denied by the New Jersey State Office of Employment Relations on the ground that the statute permitting tenure-upon-hire preempted negotiation. The State attempted to block arbitration by filing a Scope of Negotiations Petition, but this Petition was denied by the PERC, and the State appealed the decision. At the Appellate level, Judges Hoffman and Mayer affirmed the decision. The Court agreed with the argument of firm partner Kevin P. McGovern that the statute permitting the granting of tenure-upon-hire did not preempt negotiations over procedures, and that PERC’s decision was properly based on controlling case law. In a victory for labor, the Court order the arbitration to proceed.