THE OCEAN COUNTY UTILITIES AUTHORITY VS. UNITED STEEL, Â PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY,ALLIED-INDUSTRIAL AND SERVICE WORKERS INTERNATIONALUNION AFL-CIO LOCAL 1-149(C-0006-14, OCEAN COUNTY AND STATEWIDE)
A-2466-15T2
| N.J. Super. Ct. App. Div. | Jul 12, 2017Background
- In Oct. 2009 Ocean County Utilities Authority (Authority) fired employee Paul Gudzak; United Steelworkers Local 4-149 (Union) represented him and filed arbitration under the parties' CBA.
- An arbitrator reversed the firing, ordered reinstatement with back pay and a 30-day suspension. The arbitrator issued the award about six months after the hearing, beyond a CBA provision requiring awards within 30 days.
- In Jan. 2014 the Authority filed in Chancery Division to vacate the award as untimely; the trial court granted summary judgment, vacated the award, and ordered re-arbitration on Feb. 28, 2014.
- Little action followed; after administrative delays and a motion to dismiss for failure to prosecute, the court again ordered arbitration to proceed in Sept. 2015.
- The Union moved for reconsideration of the Feb. 28, 2014 order in Jan. 2016, arguing the court’s vacatur was palpably incorrect and that the Feb. 28 order was interlocutory (revisable at any time).
- The trial court denied reconsideration as untimely, the Union appealed, and the Appellate Division affirmed, holding the Feb. 28, 2014 order was a final appealable order under Rule 2:2-3(a) and the reconsideration motion was untimely.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an order compelling arbitration is final for appeal/reconsideration deadlines | The Feb. 28, 2014 order compelling re-arbitration is final under Rule 2:2-3(a); reconsideration must be timely | The Feb. 28, 2014 order is interlocutory and therefore revisable at any time; court should have discretion to reconsider | Order compelling arbitration is final and appealable as of right; reconsideration motion filed 21 months later was untimely and properly denied |
Key Cases Cited
- Wein v. Morris, 194 N.J. 364 (2008) (held that an order compelling arbitration ends the Superior Court litigation and is a final judgment for appeal purposes)
- GMAC Mortgage, LLC v. Pittella, 205 N.J. 572 (2011) (held orders permitting or denying arbitration are final and appeals must be timely; parties cannot await arbitration outcome before appealing)
- Bender v. Walgreen E. Co., 399 N.J. Super. 584 (App. Div. 2008) (discusses reconsideration standards for interlocutory orders)