Legal citation: 199 N.J. 319, 972 A.2d 387
Legal history: In April 2006, the Board brought an action in order to restrain arbitration before the Chancery Division. The Chancery Division granted the Board’s request and permanently restrained arbitration. The Association appealed this decision and the Appellate Court affirmed.
Facts: Plaintiff School Board hired defendant Gonzalez as a non-tenured custodial employee. Before assuming the position, the defendant signed a contract which provided that the employment was “at will” and could be terminated at any time by either party through 14 days notice written notice. A few months after Gonzalez began working, he was accused of hitting another custodial worker. On January 20, 2006, the Board held a hearing and terminated Gonzalez’ employment through written notice that same day. The letter stated that the termination would be effective as of February 3, 2006. Gonzalez and the Association, on Gonzalez’ behalf, filed a grievance with the Board challenging its decision to terminate Gonzalez’ employment. Soon thereafter, the Association filed a request for binding arbitration and a hearing for the reasons for Gonzalez’ discharge.
Legal Issue: Whether a collectively negotiated agreement (CNA) governs when there is a conflict between an individual employment contract and the CNA.
Decision: Therefore, the court reversed the judgment of the Appellate Court and remanded the case for further proceedings. The employee ultimately won.
Legal reasoning: The court looked to previous guiding case precedent to conclude that the terms of the CNA will supersede an individual employment agreement.
Personal Analysis: I would tend to agree with the outcome in this case because employee rights should be construed as more protective and encompassing than less. This case demonstrates the controlling legal authority that collective agreements have whenever a dispute may arise between an individual contract for employment if the particular contract in question is subject to the collective agreement. What this case also demonstrates is that there is a general presumption in favor of arbitration if there is a dispute between a public employer and employee in the state of New Jersey.
Works Cited
Mount Holly Township Board of Education v. Gonzalez, 199 N.J. 319. Supreme Court of
New Jersey (NJ 2008). Web. 15 Apr. 2016.
