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Tuesday, November 3, 2015

BOUND BROOK BOARD OF EDUCATION VS. CIRIPOMPA A-2198-14T1

BOUND BROOK BOARD OF EDUCATION VS. CIRIPOMPA 
A-2198-14T1 This appeal involves a teacher-tenure arbitration conducted pursuant to the Tenure Employees Hearing Law (TEHL), N.J.S.A. 18A:6-10 to -18.1. The Bound Brook Board of Education charged a high school teacher with two counts of unbecoming conduct and sought his dismissal. The arbitrator found that the Board proved the first charge, but not the second charge, and modified the penalty from dismissal to a 120-day suspension without pay. The Board then filed an action in the Chancery Division challenging the arbitrator's award. The Chancery Division judge vacated the award as procured by undue means pursuant to N.J.S.A. 2A:24-8(a) and remanded for a new arbitration hearing before a different arbitrator. 
We reversed the vacatur of the arbitration award and reinstated the award. We also rejected the teacher's argument that the court lacked authority to order a rehearing before a different arbitrator beyond forty-five days of the first arbitration hearing date.