Court Rules That Arbitrator Exceeded His Authority by Ordering Promotion of One Police Officer Over Another

Glassboro v. Fraternal Order of Police Lodge, No. 108, A-75-07, (NJ Supreme Ct., November 17, 2008) – After the Borough of Glassboro promoted officer William Highley over officer Peter Amico, the union filed a grievance on behalf of Amico on the basis that the borough’s decision violated the promotional procedure set forth in the collective bargaining agreement, and that the decision violated state law by making residency in the borough a factor.

The arbitrator ruled that the County failed to present sufficient evidence to support its decision to promote Highley, and ordered that the borough award the position to Amico.

The New Jersey Supreme Court found that the borough failed to “provide even the simplest explanation on the record for some kind of rational reason for its decision” to promote Highley over Amico.  However, the Court vacated the remedy, finding that the arbitrator exceeded his authority in fashioning a remedy that called for the promotion of Amico as the record “was equally deficient in respect of Amico’s leadership skills.”  Thus, the Court remanded with regard to the promotion aspect of the case.

Note: This article was published in the December 2008 issue of the New Jersey eAuthority.