Teaneck Board of Education v. Teaneck Teachers Ass'n

The opinion of the Court was delivered by

O’HERN, J.

This appeal requires us to determine whether a teacher’s claim of reverse discrimination in hiring may be submitted to binding arbitration under the terms of a collective negotiations agreement. We hold that the public employer’s decision on hiring implicates an exercise of a governmental function that is not subject to binding arbitration, although it is subject to review by the Division on Civil Rights. We affirm the judgment below.

I

The Teaneck Teachers Association filed a grievance on behalf of John A. Zubiaurre, a teacher, alleging racial…