Tomorrow, December 3, Part F will hear oral argument in In re Rutgers, the State University of New Jersey and AFSCME Local 888. The issue is whether the Public Employment Relations Commission (“PERC”) correctly denied petitions by Rutgers to restrain two disciplinary grievance arbitrations under a collective negotiations agreement.

Rutgers contends on appeal that the arbitrations were preempted by the 2020 implementing regulations of Title IX of the Education Amendment Acts of 1972, 20 U.S.C. §1681 et seq. PERC, unsurprisingly, disagrees, drawing a distinction between pre-disciplinary Title IX investigation and adjudication, on the one hand, and subsequent post-disciplinary grievance challenging disciplinary action on the other hand. AFSCME Local 888, acting on behalf of its affected members, agrees with PERC, for multiple reasons stated in AFSCME’s brief.

The briefs on this appeal, which will be of particular interest to those involved in labor and employment matters, are available here. The oral argument can be viewed here.