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TEANECK BD. OF EDUC. v. TEANECK TEACHERS ASS'N.

94 N.J. 9 (1983)

462 A.2d 137

TEANECK BOARD OF EDUCATION, RESPONDENT, v. TEANECK TEACHERS ASSOCIATION, APPELLANT.

The Supreme Court of New Jersey.

Decided July 18, 1983.

Attorney(s) appearing for the Case

Sheldon H. Pincus argued the cause for appellant (Bucceri & Pincus, attorneys).

James P. Granello argued the cause for respondent (Murray & Granello, attorneys; Robert T. Lawless, on the brief).

Robert E. Anderson, Jr., Deputy General Counsel, argued the cause for Public Employment Relations Commission.

Susan L. Reisner, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel).

Steven P. Weissman submitted a brief on behalf of amicus curiae Communication Workers of America, AFL-CIO (Steven P. Weissman, attorney; Thomas S. Adair, a member of the Georgia bar, and Ann F. Hoffman, a member of the New York bar, of counsel).

Christopher M. Howard submitted a brief on behalf of amicus curiae The New Jersey State Federation of Teachers, AFT, AFL-CIO (Sauer, Boyle, Dwyer & Canellis, attorneys).

Paula A. Mullaly, General Counsel, submitted a brief on behalf of amicus curiae New Jersey School Boards Association (Paula A. Mullaly, attorney; Russell Weiss, on the brief).

The opinion of the Court was delivered by O'HERN, J.

This appeal requires us to determine whether a teacher's claim of reverse discrimination in hiring may be submitted to binding arbitration under the terms of a collective negotiations agreement. We hold that the public employer's decision on hiring implicates an exercise of a governmental function that is not subject to binding arbitration, although it is subject to review by the Division on Civil Rights. We affirm...

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