The appellate court reversed PERC's determination that the union's grievance was non-arbitrable, holding that the transfer of unit work to a non-unit employee is mandatorily negotiable and therefore arbitrable under the collective bargaining agreement.
What This Ruling Means
**Union Wins Right to Challenge Work Transfers**
This case involved a dispute between the Ocean Township Board of Education and the Waretown Education Association over whether the union could challenge the school district's decision to transfer work normally done by union members to non-union employees. The school district argued that the union couldn't file a grievance about this work transfer, claiming it wasn't covered by their collective bargaining agreement.
The court disagreed with the school district and sided with the union. The appellate court reversed an earlier decision and ruled that when employers transfer work from union employees to non-union workers, this is something that must be negotiated with the union. Therefore, the union has the right to file a grievance and take the dispute to arbitration under their contract.
This ruling is significant for unionized workers because it protects their job security. It means employers cannot simply move work away from union members to non-union employees without the union being able to challenge these decisions through the grievance process. This gives unions an important tool to fight back when employers try to reduce union positions by shifting work to non-unionized staff.
This summary was generated to explain the ruling in plain English and is not legal advice.
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