On appeal from New Jersey Public Employment Relations Commission, SN-2006-046.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges Payne and Sapp-Peterson.
The Township of Toms River appeals from a decision by the Public Employment Relations Commission (PERC), following a grievance by Teamsters Local 97, that allocation of overtime potentially available under a subcontract for tree removal, granted by the Township to a private company as the result of public bidding, was arbitrable.
Local 97 is the exclusive collective bargaining representative of the blue collar workers employed by the Township of Toms River (formerly, Township of Dover). Some of those workers are assigned to the Department of Public Lands, and perform duties that include the removal of Township trees. In 2000, the parties entered into a collective bargaining agreement, effective from July 1, 2000 to June 30, 2003. In relevant part, the agreement provided:
ARTICLE XIII DIVISION OF WORK
A. Foremen or other employees outside the bargaining unit shall not perform any work customarily performed by workers covered by this Agreement, except as may be required to instruct employees or in an emergency as may be required to assist employees.
ARTICLE XIV HOURS OF WORK
A. This Article is intended to define the normal hours of work and shall not be construed as a guarantee of hours of work per day or week or of days of work per week and shall not apply to part-time workers.
B. The basic work week shall consist of forty (40) hours from Monday to Friday inclusive. The basic work day shall consist of eight (8) hours per day exclusive of a thirty (30) minute lunch period.
C. The normal starting time shall be 7:00 a.m. and quitting time 3:30 p.m., but may be varied for seasonal operations or in emergencies.