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

Although this case was a procedural anomaly, the fundamental questions it presents are relatively straightforward: who determines whether a matter is arbitrable; and, once a declaration of arbitrability issues, what is the function of the arbitration? Here, the union challenged a member’s termination for supplying false information regarding his criminal history. The matter proceeded to arbitration, at which point the employer disputed the jurisdiction of the arbitrators, claiming that the employee’s probationary status precluded resort to the grievance procedure set forth in the collective…