Legal Opinion
In re the Arbitration between FOP Lodge 97 & Gloucester County Sheriff's Office
New Jersey Superior Court Appellate Division
Decided November 18, 2003Published
1Opinion of the Court
The opinion of the court was delivered by
KING, P.J.A.D.
This case presents a conflict between the policy of arbitration finality and the policy of deciding public safety disciplinary matters on the merits. We conclude that the public policy clearly expressed by In re Charles Frey, 160 N.J.Super. 140, 388 A.2d 1329 (App.Div.1978) (Frey), interpreting N.J.S.A. 40A:14-147 controls. A slight and excusable delay in a hearing date beyond the contractual deadline should not result in dismissal of the charges where otherwise deserved discipline was imposed.
The Gloucester County Sheriffs Department…
2Cases cited9 opinions
- Kearny PBA Local 21 v. Town of KearnySupreme Court of New Jersey · 1979
- In Re Local 195, IFPTESupreme Court of New Jersey · 1982
- Tretina Printing, Inc. v. Fitzpatrick & Associates, Inc.Supreme Court of New Jersey · 1994
- Communications Workers of America, Local 1087 v. Monmouth County Board of Social ServicesSupreme Court of New Jersey · 1984
- State, Office of Employee Rel. v. Communications WorkersSupreme Court of New Jersey · 1998
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