Borough of Carteret v. Firefighters Mutual Benevolent Association, Local 67 (084709) (Middlesex County & Statewide)
253 A.3d 656
N.J.2021Background
- Carteret and FMBA executed a collective negotiated agreement (CNA) covering firefighters (2011–2015); Article VIII §5 ("Acting Captains") provides that when a Shift Captain is off, the senior firefighter on duty assumes captain responsibilities and receives captain pay.
- In 2013 the Borough created a new lieutenant rank between captain and firefighter; lieutenants were paid less than captains and, when acting as shift commanders, were paid their regular lieutenant salary.
- FMBA grieved (2017) claiming lieutenants who performed captain duties were entitled to acting captain pay; the matter proceeded to binding arbitration.
- The arbitrator discredited Borough testimony that FMBA consented to waive §5 for lieutenants, found lieutenants were performing captains’ duties, and awarded backpay of $56,065.18.
- Chancery Division enforced the award; the Appellate Division vacated it, relying on Civil Service job descriptions and past practice; the Supreme Court granted certification.
- The Supreme Court reversed the Appellate Division and reinstated the arbitrator’s award, holding the arbitrator’s interpretation was reasonably debatable and entitled to deference.
Issues
| Issue | Borough's Argument | FMBA's Argument | Held |
|---|---|---|---|
| Whether an arbitrator’s interpretation of the CNA must be upheld | Arbitrator misinterpreted §5, exceeded powers, and ignored past practice and clear contract language; award should be vacated | Arbitrator’s reading is plausible; courts must defer if interpretation is reasonably debatable | Court reaffirmed the "reasonably debatable" standard and refused to substitute appellate judgment for arbitrator’s interpretation |
| Whether §5 (Acting Captains) applies to lieutenants who assume captain duties | §5 refers only to "senior firefighter" and did not contemplate lieutenants; Civil Service descriptions show lieutenants already cover captain duties so no acting pay owed; past practice supports nonpayment | CNA governs lieutenants generally; any lower‑ranking employee who assumes captain responsibilities is entitled to acting captain pay; arbitrator credited testimony that lieutenants performed captain duties | Court held arbitrator’s interpretation (that lieutenants performing captain duties are entitled to acting pay) was plausible and supported by the agreement; reinstated award |
Key Cases Cited
- Borough of East Rutherford v. E. Rutherford PBA Local 275, 213 N.J. 190 (2013) (establishes deference to arbitrators; "reasonably debatable" standard)
- Middletown Twp. PBA Local 124 v. Township of Middletown, 193 N.J. 1 (2007) (courts may not substitute their judgment for arbitrator when interpretation is reasonably debatable)
- PBA Local 11 v. City of Trenton, 205 N.J. 422 (2011) (arbitral award may be vacated if arbitrator adds new terms or ignores clear contract language)
- Weiss v. Carpenter, Bennett & Morrissey, 143 N.J. 420 (1996) (arbitrator’s construction is what parties bargained for; courts should not overrule contract construction by arbitrator)
- N.J. Turnpike Auth. v. Local 196, IFTPE, 190 N.J. 283 (2007) (arbitration promotes finality and is favored; decisions require considerable deference)