NJ Cops May 2014 | Page 16

16 LABOR RELATIONS CASE STUDIES NEW JERSEY COPS ■ MAY 2014 PERC says no to restraining Interest Arbitration Here we have two matters that were challenged after their respective townships denied the PBA Locals’ grievances. The first instance, South Brunswick Township, used an overly broad application of what documents should be considered when performing an employee evaluation. The South Brunswick SOA, FOP Lodge 51, challenged the township’s position and filed for Interest Arbitration after the grievance was denied. When the FOP filed for Interest Arbitration, the Township sought to restrain the interest arbitration on the matter. FOP Lodge 51 was successful with its challenge, and the Public Employee Relations Commission ruled that the restraint of binding Arbitration was denied. The Commission wrote: The Public Employment Relations Commission denies the request of the Township of South Brunswick for a restraint of binding arbitration of a grievance filed by the South Brunswick Supervisors Association. The grievance contests the inclusion of two comments in a unit member’s annual performance review. The Commission finds that a comment regarding the grievant being out for 72 days on Workers Compensation due to an injury from an at-fault accident is arbitratable because it is more disciplinary than evaluative as it does not serve to improve his work performance and is accusatory and punitive in nature. The Commission finds that a comment about the grievant’s absence during Hurricane Sandy is arbitratable because it is more disciplinary than evaluative given the employer’s admission that grievant’s essential personnel status was not clearly communicated. In the second matter, Wall Township sought to restrain Interest George O’Brien Arbitration by filing a “Scope of Negotiation” petition, challenging the PBA Local 234 position regarding the removal of documents placed in a personnel file that were greater than six months old. The Commission ruled that the restraint of binding arbitration was denied. According to the Commission: The Public Employment Relations Commission denies the request of the Township of Wall for a restraint of binding arbitration of a grievance filed by PBA Local 234. The grievance seeks the removal of written reprimands that are more than six months old from unit members’ personnel records. The Commission finds that the Attorney General’s guidelines on retention of written reprimands are not preemptive of arbitration because they were not adopted by the Township until after this dispute arose. The Commission finds that the grievance relates to a subject that was permissively negotiable at the time of the expungement request because the Township admits that its policy allowed removal of written reprimands more than six months old where the officer had not repeated the misconduct. The Commission holds that allowing an arbitrator to consider, under the policy at the time, whether to order expunging of a written reprimand, would not substantially limit the Township in the implementation of any governmental policy goal. The Commission also holds arbitratable the PBA’s claim that the Township violated a contract provision regarding providing notice of changes in policies. Each of these matters may be viewed in whole on the P .E.R.C. website at http://www:perc.state.nj.us d