Standard union arbitration just failed a major federal test. Is yours next?
A sexual harassment victim's right to challenge her harasser's appeal just trumped a union contract at Rutgers University in a groundbreaking Title IX decision.
The New Jersey Supreme Court delivered a unanimous ruling on January 29 that affects educational institutions whose union contracts mirror this structure. The message: harassment victims must get equal participation rights in disciplinary appeals, or federal law will override your collective bargaining agreement.
The case started in early 2022 when a female custodian at Rutgers, identified in court documents as Jane, accused her male coworker of physical assault and ongoing sexual harassment. After investigating and holding hearings where both employees participated, university officials determined that J.M. violated the university's policies and terminated him that September.
The union representing both workers, AFSCME Local 888, then demanded arbitration under their contract with Rutgers. The university said no, arguing that federal Title IX regulations preempt the process. That refusal sparked a legal battle that climbed all the way to the state's highest court.
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