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D'ARRIGO v. NEW JERSEY STATE BD. OF MEDIATION

119 N.J. 74 (1990)

574 A.2d 44

CHARLES D'ARRIGO, PLAINTIFF-RESPONDENT, v. NEW JERSEY STATE BOARD OF MEDIATION, DEFENDANT, AND BERGEN COUNTY UTILITIES AUTHORITY, DEFENDANT-APPELLANT, AND UTILITY WORKERS UNION OF AMERICA, AFL CIO, LOCAL 534, INTERVENOR.

The Supreme Court of New Jersey.

Decided May 31, 1990.

Attorney(s) appearing for the Case

Brian Giblin argued the cause for appellant (Giblin & Giblin, attorneys; Paul J. Giblin, of counsel and on the brief).

Manuel A. Correia argued the cause for respondent (Loccke & Correia, attorneys).

Dennis J. Alessi argued the cause for intervenor (Fox and Fox, attorneys; Stacey B. Rosenberg, on the brief).

Robert E. Anderson, General Counsel, submitted a brief on behalf of amicus curiae Public Employment Relations Commission.

Mark C. Rushfield submitted a brief on behalf of amicus curiae Joint Council # 73, International Brotherhood of Teamsters, Chauffeurs, Helpers and Warehousemen of America, AFL-CIO (Guazzo, Perelson, Rushfield & Guazzo, attorneys).

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

The question in this case is whether a public employee covered under a collective negotiations agreement has the right to invoke the arbitration provisions included in the grievance machinery of the contract. We hold that absent clear language in the agreement conferring such a right on an employee, the employee organization has the exclusive right to invoke the arbitration...

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