Legal Opinion
D'Arrigo v. New Jersey State Board of Mediation
Supreme Court of New Jersey
Decided May 31, 1990PublishedCited by 12 opinions
1Opinion of the Court
The opinion of the Court was delivered by
O’HERN, J.
The question in this case is whether a public employee covered under a collective negotiations agreement has the right to invoke the arbitration provisions included in the grievance machinery of the contract. We hold that absent clear language in the agreement conferring such a right on an employee, the employee organization has the exclusive right to invoke the arbitration provisions of the contract. In turn, the employee organization owes a duty of fair representation to the employee and must answer for any breach of that duty.
I
The case…
2Cases cited8 opinions
- Vaca v. SipesSupreme Court of the United States · 1967
- National Labor Relations Board v. Jones & Laughlin Steel Corp.Supreme Court of the United States · 1937
- National Labor Relations Board v. Allis-Chalmers Manufacturing Co.Supreme Court of the United States · 1967
- The Black-Clawson Company, Inc., Paper MacHine Division v. International Association of MacHinists Lodge 355, District 137, and Theodore A. BestCourt of Appeals for the Second Circuit · 1962
- Lullo v. International Ass'n of Fire Fighters, Local 1066Supreme Court of New Jersey · 1970
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3Cited by12 opinions
- Farber v. City of PatersonCourt of Appeals for the Third Circuit · 2006
- Farber v. City of PatersonCourt of Appeals for the Third Circuit · 2006
- Wasserstein v. KovatchNew Jersey Superior Court Appellate Division · 1993
- Commerce Bank, N.A. v. DiMaria Construction, Inc.New Jersey Superior Court Appellate Division · 1997
- Enertron Industries, Inc. v. MacKNew Jersey Superior Court Appellate Division · 1990
7 more not listed; retrieve them via the Exa API.