Trenton, NJ – The New Jersey Supreme Court is scheduled to issue a decision Wednesday in a closely watched labor dispute that could affect public employee contracts statewide.
The case, East Orange Educational Support Professionals’ Association v. East Orange Board of Education, centers on whether school custodial employees were entitled to additional compensation after continuing to report to work while schools were closed during the COVID-19 pandemic.
Court reviewing arbitration award
According to the court, the dispute asks whether an arbitrator reasonably concluded that the East Orange Board of Education violated its collective bargaining agreement by ending extra compensation paid to custodial employees who continued working during pandemic-related school closures.
The appeal specifically examines whether the arbitration award was “reasonably debatable” in light of New Jersey law governing school employee compensation during a declared state of emergency.
The statute at issue, N.J.S.A. 18A:7F-9(e)(1), provides that during a state of emergency, school employees “shall be compensated as if the school facilities remained open.”
Decision could have statewide impact
The Supreme Court identified the case as having implications beyond Essex County, noting it carries statewide significance for public employers, labor unions and collective bargaining agreements.
The opinion is scheduled for release at 10 a.m. Wednesday.
The court’s ruling is expected to clarify how emergency compensation laws interact with negotiated labor contracts when employees continue reporting to work while school buildings remain closed to students.
