Chad Rossy, a corporal in the Mount Olive Police Department in New Jersey, who also served as president of the local Fraternal Order of Police, fled suit against the Department, the mayor of Mount Olive, the Council of the Township of Mount Olive, and Police Chief Stephen Beecher, alleging that Beecher manipulated the promotional process for sergeant positions in retaliation for Rossy’s union activities.
“As alleged in the complaint, in April 2020, defendant Police Chief Stephen Beecher issued a sergeant’s promotional list extension for a one-year period, until May 13, 2021. On March 26, 2021, Chief Beecher extended the sergeant’s list from May 13, 2021 to October 2, 2021, a period of approximately six months. One active sergeant retired effective October 1, 2021 and the position was filled, leaving plaintiff first on the list. However, on July 1, 2021, three months before expiration of the promotional process, Chief Beecher announced initiation of a new process effective October 3, 2021, having the effect of nullifying [Rossy’s] position as first on the list.”
Rather than filing a grievance through the established CBA procedures, Rossy fled a lawsuit in Superior Court seeking compensatory damages, attorney’s fees, and promotion to sergeant. The CBA between the Township and FOP contained a comprehensive grievance procedure covering any claims arising from interpretation or application of the agreement’s terms, including claims of discrimination or violations of department rules. A township ordinance further mandated that employees covered by the CBA must use its grievance procedures.
The trial court dismissed Rossy’s complaint, finding he was required to exhaust the CBA’s grievance process before fling suit. On appeal to the Superior Court of New Jersey, Appellate Division, Rossy argued his claim was constitutional in nature (asserting a Section 1983 violation), rather than contractual, and thus exempt from the grievance requirement.
The Court rejected this argument, conducting a de novo review and concluding that the promotional dispute fell squarely within the CBA’s broad grievance provisions. The Court emphasized that when parties have agreed to a grievance procedure covering certain disputes, they must follow that process rather than going directly to court.
The Court reaffirmed that New Jersey’s Employer-Employee Relations Act requires disputes covered by a CBA’s grievance procedures to be resolved through those procedures rather than in court. It also found the CBA language unambiguous in covering promotion-related disputes. Finally, it rejected Rossy’s attempt to frame his claim as constitutional rather than contractual, noting he had not suffered the type of deprivation that would trigger due process protections.
Rossy v. Mayor, 2025 N.J. Super. Unpub. LEXIS 648 (N.J. Super. Ct. App. Div. 2025).