New Jersey Turnpike Authority dealt stinging rebuke by court in effort to override arbitration

The state supreme court in New Jersey has issued a stinging rebuke to the New Jersey Turnpike Authority over a case where the tollster tried to override a labor arbitrator. The court ordered the Turnpike to reinstate Jason Glassey, 34, to a Garden State Parkway toll collector position from which he was fired in Nov 2003.

Glassey was fired because of incident in which he fired paintballs from a play gun at a van which had hogged the left lane and drove slowly blocking Glassey in. As vehicles on the right pulled ahead of the slouch Glassey finally got alongside the van. He wound down his window, grabbed a paintball gun and fired four balls marking the windshield and passenger side window of the van.

The van driver managed to contact state police who pulled Glassey over as he exited the Parkway. There he admitted what he had done and told the cop: "It was stupid. The guy pissed me off because because he wouldn't move (to the right)... I feel so stupid and sorry for what I did and promise never to do anything like this again."

Then came the really big stupidity - from officialdom - a brainless, humorless, absurd over-reaction.

Weapons charge

Glassey was charged with "possession of a weapon for an unlawful purpose."

Paintballs are a toy, not a weapon. They cannot injure. And Glassey had the paintball gun for shootout games with a bunch of friends, which is a perfectly lawful purpose.

Accused of act of aggression

And in a disciplinary hearing his boss, the director of toll operations at the Turnpike solemnly declaimed: "By your act of aggression, you have demonstrated a flagrant disregard for the personal property and safety of Garden State Parkway customers."

This from a turnpike administration which has almost killed the governor of the state, Jon Corzine through leaving a hazardous mile marker sign in the shoulder pull-off zone together with a dangerous guardrail end that was improperly anchored and speared through the police vehicle in which he was traveling!

Toll collector Glassey behaved like a silly teenager but by contrast with the negligence of faceless engineers and maintenance managers, he hurt no one and did no property damage beyond trivial ink stains on a white van. Unlike the Turnpike Administration which won't answer questions on the hazards in the roadway associated with the governor's severe injuries, toll collector Glassey had the integrity to 'fess up, apologize, and plead guilty to disorderly conduct charges.

In court the absurd weapon possession charges were dropped and Glassey was sentenced to two years probation and counseling. He'd been fired from his job collecting tolls. The county prosecutor and court both agreed that he did not deserve to lose his job at the Turnpike Authority.

Under their labor agreement with the toll collectors union the Turnpike Authority have, in any case, ceded their power to unilaterally terminate an employee. A firing is subject to appeal and the decision of a mutually agreed arbitrator.

The arbitrator ruled against the Turnpike too, saying Glassey should be reinstated conditional on being cleared by a doctor as physically and psychologically fit.

The Turnpike refused to accept the binding arbitration.

They appealed the arbitrator's ruling in court and this time, first up, they won in an odd case without any published reasoning.

Then the toll collector, supported by his union, Local 196 IFPTE, went to the state supreme court against the NJ Turnpike and the lower court ruling.

Arbitration not "springboard for litigation"

In their 31 page ruling this week the supreme court justices five to zero sustain the arbitrator's reinstatement order and castigate the Authority for its refusal to abide by arbitration. Arbritration is meant to determine disputes and not be a "springboard" for litigation, they say.

"A court may not substitute its judgment for that of a labor arbitrator and must uphold an arbitral decision so long as the award is 'reasonably debatable.' The award reinstating Glassey without backpay entitlement imposed an eleven month unpaid suspension and return to work conditions. This award was not the proverbial slap on the wrist. It was a considerable penalty that recognized economic realities and social norms..."

Glassey was working at the Cape May toll plaza on a $44.4k salary.

TOLLROADSnews 2007-04-24