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E.D. No. 76-6

Synopsis:

The Executive Director refuses to issue a complaint in an unfair practice proceeding, finding that further processing of the case should be held in abeyance pending submission of the parties' dispute to their contractual grievance procedure, terminating in binding arbitration. The dispute revolves around differing interpretations of a specific provision in the parties' contract. The Executive Director finds that the contractual definition of a "grievance" is clearly broad enough to encompass the dispute, and that is is "reasonably probable that the instant dispute will be resolved under the parties' grievance and arbitration machinery." Jurisdiction is retained for the limited purpose of entertaining a request for further consideration in the event that the contractual procedures fail to produce a settlement or an arbitration award, or that the procedures or the award have not been fair and regular or have reached a result "repugnant to the Act".

PERC Citation:

E.D. No. 76-6, 1 NJPER 59 (1975)

Appellate History:



Additional:



Miscellaneous:



NJPER Index:

215.107 215.20 710.30 760.01 910.103

Issues:


DecisionsWordPerfectPDF
NJ PERC:.ED 76-006.pdf - ED 76-006.pdf

Appellate Division:

Supreme Court:



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