NJ Top Court Hands Arbitrators Greater Discretion

Law360, New York (June 10, 2010, 4:08 PM EDT) -- The New Jersey Supreme Court has ruled that an arbitrator did not exceed his authority by imposing a lesser penalty than termination for an employee's misconduct in a case that pitted a union representing a janitor against a school district.

In a 6-0 decision, the state Supreme Court said Wednesday that it was within an arbitrator's authority to find that the firing of janitor John Mizichko was a disproportionate discipline to his conduct, and that a 10-day suspension was more appropriate.

The dispute dates back to...
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