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E.D. No. 76-11
Synopsis:
In an interlocutory decision the Executive Director, acting as the Commission's named designee, refuses to stay the arbitration of a grievance during the pendency of a scope of negotiations proceeding in which the matter in dispute involves the involuntary transfer of employees. The Executive Director states that there is no reasonable basis to determine that the involuntary transfer of employees is an illegal subject of negotiations. Thus, the matter is arbitrable if otherwise arbitrable under the parties' agreement.
The Executive Director further notes that his authority to grant restraints is derived completely from the Commission and extends only to determinations relating to negotiability. Questions of contract arbitrability are for the Courts and/or the arbitrator and not the Commission, and requests for restraints based on contract arbitrability must be directed to the Courts and not the Commission or its named designee.
PERC Citation:
E.D. No. 76-11, NJPER Supp 619 (¶164 1975)
Appellate History:
Additional:
Miscellaneous:
NJPER Index:
43.352 47.521
Issues:
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| NJ PERC: | . |  - ED 76-011.pdf |
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