Amalgamated Transit Union, Local 880 v. New Jersey Transit Bus Operations, Inc.

975 A.2d 403, 200 N.J. 105, 2009 N.J. LEXIS 692, 186 L.R.R.M. (BNA) 3495
CourtSupreme Court of New Jersey
DecidedJuly 15, 2009
DocketA-20 September Term 2008
StatusPublished
Cited by10 cases

This text of 975 A.2d 403 (Amalgamated Transit Union, Local 880 v. New Jersey Transit Bus Operations, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Amalgamated Transit Union, Local 880 v. New Jersey Transit Bus Operations, Inc., 975 A.2d 403, 200 N.J. 105, 2009 N.J. LEXIS 692, 186 L.R.R.M. (BNA) 3495 (N.J. 2009).

Opinions

Justice LaVECCHIA

delivered the opinion of the Court.

In this appeal, we review an appellate judgment that upended an arbitration panel’s determination that a probationary employee of New Jersey Transit Bus Operations, Inc. (NJ Transit) could not grieve his dismissal under the extant collective bargaining agreement (CBA). The arbitrators’ award in NJ Transit’s favor dismissed the grievance. Because we conclude that the arbitration panel properly engaged in its appropriate role as interpreter of the CBA’s pertinent provisions, we defer to and uphold the arbitrator's’ reasonable ultimate determination. We therefore reverse the contrary judgment of the Appellate Division.

I.

On August 23, 2004, Juan Anaya applied for a position with NJ Transit. A portion of the application provided: “Serious moving violations or accident record may disqualify you. Therefore, list below ALL pending violations and ALL convictions for traffic violations (except parking) in the last (8) years. All applicants will [109]*109be thoroughly investigated. Therefore, any omission or willful mis-statement [sicj will be cause for disqualification for employment.” Responding to questions in that section of the application, Anaya stated that his driver’s license had been suspended from March through April 2004 due to unpaid parking tickets. He also certified that he did not have any driving convictions or criminal convictions.

On the same page of the application was an affidavit and authorization that Anaya signed, which provided:

I hereby certify that the foregoing statements are true, complete and connect to the best of my knowledge and belief and are made in good faith. I further authorize representatives of the Company to verity any and all information contained herein and to review any and all criminal history and disciplinary records of any fact. .. I understand that if I am employed in a position covered by a labor agreement and successfully complete the probationary period prescribed by such agreement, NJ Transit may terminate my employment only in accordance with the provisions of the applicable labor agreement.

NJ Transit subsequently offered Anaya a job as a bus cleaner, a position covered by the CBA. The offer came in the form of a letter, dated September 15, 2004. Among other things, the letter informed Anaya that the probationary employment period was ninety days. Anaya accepted NJ Transit’s offer by signing the letter, and began working six days later.

By operation of Section 1C of the CBA, Anaya became a member of Amalgamated Transit Union, Local 880 (Union) thirty days after he started employment with NJ Transit. Section 1C of the CBA explains when employees become members of the Union and, more germane to this appeal, when employees graduate from probationary status:

Lajll present employees and all new employees shall become and remain members in good standing of the Union as a condition of continuous employment with the Company. Employees entering the service of the Company shall become members of the Union after 30 days. However, the 00-day probationai'y period agreed to by the employee 07i applying for a position with the Company will be recognized. [ (Emphasis added).]

On October 5, 2004, during the thirty-day period before Anaya became a member of the Union, NJ Transit informed Anaya that his criminal background check uncovered information inconsistent [110]*110with his employment application. NJ Transit gave Anaya until October 26, 2004, to provide “a certified copy of the disposition and the accusatory instrument for each conviction [uncovered by the background investigation].” On November 10, 2004, Anaya attended a Probationary Employment Meeting, accompanied by a union representative (as the initial thirty-day period of employment had expired and Anaya had become a member of the Union entitled to representation), to discuss the falsifications that NJ Transit had uncovered in his employment application. After the meeting, NJ Transit terminated Anaya’s employment. The November 10, 2004, letter of termination indicated that the false information in Anaya’s employment application was the impetus for his termination.

Anaya took no immediate action. The Union, however, eventually filed a grievance on his behalf. That grievance proceeded to a healing scheduled for June 6, 2006, before an arbitration panel. At the outset of that hearing, NJ Transit moved to dismiss the arbitration on the basis that a probationary employee’s termination is not subject to the grievance procedure contained in the applicable CBA.

Section 1A of the CBA outlines the grievance procedure. That section provides:

Should any dispute or grievance arise between the Company and the Union, or any of its members, as to the interpretation, application, or operation of any provisions of this agreement, not specifically settled in said agreement, both parties shall endeavor to settle the question in the simplest and most direct manner. The procedure shall be as follows unless any step thereof is waived by mutual consent:
First: Such dispute or grievance is to be taken up between the employee and the Union representative and the supervisor, foreman, or department head.
Second: Between the President or Business Agent of the Union and/or the State Business Agent of the Union and the Division Manager or department head____
Third: Between the President or Business Agent of the Local involved and/or the State Business Agent of the Union and the General Manager of the Company. ...
Fourth: It is the stated intent and purpose of both parties at all times to reach agreement by negotiation between the Company and the Union, without recourse to arbitration. In the event, however, that such dispute or grievance is not settled to the satisfaction of the parties through recourse to the third step, the dispute or [111]*111grievance may be referred, on the request, in writing, by any Division of the State Council of the Union, or Company, to a temporary arbitration hoard of two.. . After the appointment of the third arbitrator, the Arbitration Board shall meet for the purpose of reaching a determination of the dispute or grievance, and the decision of the majority of the board, submitted in writing, to the Company and the Union, shall be final and binding upon both parties...

In addition to setting forth the grievance procedure, Section 1A also dictates the scope of an arbitrator’s power over such disputes.

Authority of the arbitration board shall be limited to the determination of the dispute oi* grievance arising out of the interpretation, application or operation of the provisions of this agreement, on submission of the issues involved by the parties to this agreement. It shall not have any authority whatsoever to alter, amend or modify any of the provisions of this agreement.

After considering the parties’ legal submissions on whether Anaya was entitled to employ the parties’ grievance procedure, the arbitration panel granted NJ Transit’s motion to dismiss the grievance. The panel’s opinion outlined the parties’ arguments, and then set forth its reasoning for the decision, which we repeat in its entirety:

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975 A.2d 403, 200 N.J. 105, 2009 N.J. LEXIS 692, 186 L.R.R.M. (BNA) 3495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amalgamated-transit-union-local-880-v-new-jersey-transit-bus-operations-nj-2009.