Tag: employment
Appellate Division Rules Chapter 78 Does Not Preempt Terms of CNA
The Ridgefield Park Education Association (“Association”) filed an appeal with the New Jersey Appellate Division challenging a ruling by the Public Employment Relations Commission (“PERC”) in favor of the Ridgefield Park Board of Education (“Board”), which held that Chapter 78 preempted the terms of the parties’ collective negotiations agreement (“CNA”) for the period July 1, 2014 to June 30, 2018. On May 3, 2019, the Appellate Division reversed PERC’s determination in In the Matter of Ridgefield Park Board of Education and Ridgefield Park Education Association and remanded the matter to PERC to implement a remedial mechanism to refund the excess […]
Contract Rescission Does Not Avoid Need for Public Notice and Hearing
By: Robert A. Muccilli, Esq. Editor: Sanmathi (Sanu) Dev, Esq. Statutes are to be read sensibly rather than literally. This was the message sent by the New Jersey Appellate Division on March 14, 2019 in Wall Township Education Association v. Board of Education of the Wall Township School District when it reversed the Commissioner of Education’s decision and held that a superintendent and school district may not avoid the requirements for public comment and public hearing under N.J.S.A. 18A:11-11 simply by rescinding an existing superintendent employment contract. The Superintendent had a contract which was to expire on June 30, 2019. After […]
Appellate Division Upholds Arbitrator’s Decision to Limit Increment Withholding
On January 28, 2019, the Appellate Division affirmed an arbitrator’s decision to limit the withholding of a teacher’s increment to one year. In Trenton Board of Education v. Trenton Education Association, the Trenton Board of Education (“Board”) approved the withholding of a teacher’s increment for an indefinite period of time. The Trenton Education Association (“Association”) challenged that decision. During the 2015-2016 school year, the Board employed Carmel Gabriel as a middle school teacher. The principal, who was Gabriel’s direct supervisor, and vice principal cited him for various deficiencies, such as problems with his teaching practices, failure to attend mandatory meetings, and […]
Appellate Division Rules Teacher Not Entitled to Tenure in Extracurricular Assignment
On December 17, 2018, the New Jersey Appellate Division in Melnyk v. Board of Education of the Delsea Regional High School District upheld the Commissioner of Education’s decision that a teacher who already has attained tenure based upon his or her years of service in a particular position cannot also acquire separate tenure in an extracurricular assignment if the teacher is not required to possess a different certificate other than the one he or she already possesses in the tenured position and the teacher receives a stipend for the additional assignment that is not an integral part of the teacher’s […]
Districts Ordered to Pay Increments Upon Expiration of Contract
By: Robert A. Muccilli, Esq. Editor: Sanmathi (Sanu) Dev, Esq. The question of whether a school district with a collective bargaining agreement of less than five years in duration is required to pay the increment for teaching staff members at the expiration of the agreement has existed since the amendment of N.J.S.A. 18:29-4.1. The amendment permits school districts to adopt a salary policy schedule for a period of up to five years. In In the Matter of Englewood Board of Education and Englewood Teachers’ Association (decided October 29, 2018) and In the Matter of Cliffside Park Board of Education and […]
Commissioner of Education Rules Bedside Tutor Position Not Eligible for Tenure Accrual
On November 9, 2018, the New Jersey Commissioner of Education (“Commissioner”) concurred with an Administrative Law Judge’s finding in Mirda v. Board of Education of the Union County Educational Services Commission that the position of Bedside Tutor fell within the substitute teacher exception and is not eligible for tenure accrual. The Union County Educational Services Commission Board of Education (“Commission”) provides various services to school districts in Union County, including one-to-one bedside instruction at hospitals to students enrolled in Union County schools. Bedside Tutors are paid at an hourly rate, do not receive benefits or paid holidays, and are not guaranteed a […]
Appellate Division Affirms School Calendar is Non-Negotiable
On August 28, 2018, the New Jersey Appellate Division in West Morris Regional High School Board of Education v. Morris Regional Education Association, affirmed the Public Employment Relations Commission’s (“PERC”) determination that the start and end date of the school calendar is a non-negotiable managerial prerogative. The dispute involved the collective bargaining agreement (“CBA”) between the West Morris Regional High School Board of Education (“Board”) and the West Morris Education Association (“Association”). During their negotiations of a successor CBA, the Board sought to remove the following phrase from the CBA: “teachers…shall be employed from September 1 through June 30.” The […]
PERC Restrains Two Districts from Demanding New Dues Authorizations from Union Members
By: Robert A. Muccilli, Esq. Editor: Sanmathi (Sanu) Dev, Esq. The Public Employment Relations Commission (“PERC”) recently granted interim relief restraining two school districts from requiring that union members file new dues deduction authorizations. In Delanco Board of Education and Delanco Township Education Association (Docket No. CO-2019-043), school administrators informed the Association President that Board counsel advised that Janus v. AFSCME[1] required the Board to obtain written authorization from all employees in order to continue making membership dues deductions from unit employees’ compensation. The Superintendent provided the Association President with a copy of a draft letter to the Association’s members requesting […]
Appellate Division Addresses Rights of Part-Time Teachers Under Tenure Act
By: Robert A. Muccilli, Esq. Editor: Sanmathi (Sanu) Dev, Esq. Educational service commissions sometimes employ part-time teachers to work in public and non-public schools. The Sussex County Educational Services Commission (“Commission”) reduced the number of hours worked by part-time teachers but did not alter the hourly rate of pay. In Zimmerman et al. v. Sussex County Educational Services Commission two teachers challenged the action arguing that their tenure and seniority rights were violated. The Commissioner of Education (“Commissioner”) sided with the Commission by determining that the decrease in work hours did not reduce the teachers’ compensation or trigger their seniority rights […]
A Reminder from the Appellate Division on RIFs and Tenured Employees
On August 17, 2017, the New Jersey Appellate Division issued an unpublished opinion in which it upheld the Atlantic City Board of Education’s (“Board”) decision to change the employment of two supervisors from twelve-month positions to ten-month positions due to a reduction in force (“RIF”). This case highlights an important interplay between RIFs and tenure rights of public school employees. The Board employed Lourdes Vidal-Turner and C. Dedra Williams (“Petitioners”) as teachers for numerous years. The Board then promoted each of them to a twelve-month supervisory position in which they later acquired tenured. The State Appointed Fiscal Monitor for the […]
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