On appeal from Superior Court of New Jersey, Chancery Division, Monmouth County.
Approved for Publicaton April 8. 1997. As Corrected May 12, 1997.
Before Judges Petrella, Landau and Kimmelman. The opinion of the court was delivered by Landau, J.A.D.
The opinion of the court was delivered by: Landau
The opinion of the court was delivered by
This is an appeal by plaintiff Marlboro Township Board of Education (Board) from a Chancery Division order which dismissed its complaint to restrain defendant Marlboro Township Education Association (Association) from arbitrating a purported grievance under its contract with the Board.
Pamela Goldberg was employed by the Board as a bus driver under contracts which expired annually from September 1990 through June, 1995. During these five consecutive employments, Goldberg's cumulative days of absence from work totaled 362.5. *fn1
On April 27, 1995, the Board voted simply not to renew Goldberg's annual contract. No disciplinary action was taken. The Association then filed a grievance on behalf of Goldberg, contending that "the termination of employment is in violation of her contractual rights guaranteed in Section One, Article IV, Employee Rights, H. among other contractual violations," seeking thereby to convert the failure to renew into a disciplinary matter.
The collective negotiation agreement between the Board and the Association provides in pertinent part:
[Section One, Art. I, C.]
4c. The arbitrator shall have no power or authority to add to, subtract from, change or modify any of the terms of this Agreement.
[Section One, Art. IV, Employee Rights.]
H. No employee shall be disciplined without ...