On July 3, 2024 the Superior Court of New Jersey Appellate Division issued a decision in the matter of Union County College v. Union County College Chapter of the American Association of University Professors (AAUP), reversing and remanding to Public Employment Relations Commission (“PERC”) to enter an order restraining arbitration concerning the College’s assignment of Associate Professor JoAnne Kennedy’s to the Academic Learning Center (“ALC”).

On appeal, the College argued that its decision to transfer Professor Kennedy to the ALC was a managerial duty involving educational policy and thus was non-negotiable and non-arbitrable. The AAUP countered that the reassignment affected Kennedy’s terms and conditions of employment and was disciplinary in nature. The Court concluded that College’s decision to transfer Kennedy to the ALC was a managerial prerogative aimed at promoting educational policy and objectives, and thus, not subject to negotiation or arbitration. The Court reversed PERC’s decision and remanded for an order restraining arbitration concerning Kennedy’s assignment, underscoring that such managerial decisions are not negotiable nor arbitrable under the New Jersey Employer-Employee Relations Act.

Matthew J. Giacobbe of Cleary Giacobbe Alfieri Jacobs, LLC represented the College in this matter.

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