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11 N.J.A.R. 568

Thornton, Thomas v. Potamkin Chevrolet and Robert Mitabach
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Citation: 11 N.J.A.R. 568
Decision Date: 1982
Synopsis: Petitioner alleged unlawful discrimination, asserting he was ter- minated from his job on account of race. The matter was transmitted by the Division on Civil Rights to the Office of Administrative Law for a hearing. Prior to transmittal of the case to the Office of Administrative Law, petitioner had initiated a labor grievance through his union. The grievance went to arbitration and the arbitrator concluded that peti- tioner's termination was not improper. Petitioner did not raise the issue of racial discrimination in the grievance, but claimed his termin- ation was improper for other reasons. Respondent moved to dismiss the matter before the Office of Administrative Law, arguing that, because petitioner did not raise the racial bias claim during arbitration, the entire controversy doctrine precluded litigation of that issue. The administrative law judge granted respondent's motion to dismiss. The judge concluded that the entire controversy doctrine was applicable. Petitioner should have raised the racial discrimination issue during the arbitration proceeding. Upon review, this initial decision was adopted by the Division on Civil Rights. Petitioner's complaint was dismissed. On direct certification, the New Jersey Supreme Court reversed. Louis C. Rosen, Esq., and Kenneth H. Williams, Esq., for petitioner (Owens, Banks & Williams, attorneys) Richard M. Naness, Esq., and Perry S. Heidecker, Esq., members of the New York Bar, for respon- dents, pro hac vice, (Milman, Naness & Pollack, attorneys) State of New Jersey 569 Emery C. Due!!, Esq., New Jersey counsel for respondents (Frederick A. Onore, attorney)
Statute(s) Cited: 10:5-12(a) 
Citation Tracker adopted-Div. on Civil Rights; reversed -94 N.J. 1 (1983) [Updated through 1991]