6-24-09 Mount Holly Township Board of Education v. Mount Holly
Township Education Association (A-24-08)
The Court reaffirms the principles articulated in Lullo v.
International Ass’n of Fire Fighters and Troy v. Rutgers: in
general, collective agreements supersede individual contracts.
To the extent provisions in an individual employment contract
conflict or are inconsistent with terms in a collectively
negotiated agreement (CNA), and diminish or interfere with
rights provided by the CNA, the language in the individual
contract must yield to the CNA. Gonzalez’s employment contract
conflicted with the CNA and diminished its specific terms by
depriving him of the right to arbitration; therefore, on remand,
Gonzalez is entitled to a hearing before an arbitrator to
address the grievance filed.
Richard Sadowski
Assistant Editor
