Legislation that might increase the likelihood that arbitrators would review contractual grievances went into effect on January 13. The intent of A-4162/S-2618 is to promote the use of arbitration in certain disputes that involve the interpretation of negotiated contract provisions.

NJSBA has argued that this legislation will give arbitrators, who are not accountable to the public, expanded opportunities to issue rulings that could have a negative impact on a school district’s decision-making authority and resources.

Troubling Impediment  “This new law represents yet another troubling impediment to school management’s efforts to provide the most effective and efficient school system,” said Edwina M. Lee, NJSBA executive director. “It erodes boards’ ability to be responsive to local needs.”

A-4162/S-2618 was supported by labor unions following a 2004 Supreme Court decision, Camden City Board of Education v. Alexander. As amicus curiae in the case, NJSBA successfully argued for the need to maintain limits on arbitrators’ authority in the public sector, where accountability to the public is essential.

The legislation passed the state Senate, 29-10, on January 9. It was signed into law by Governor Codey on January 13.