Union County Regional High School Bd. of Ed. v. Union County Regional High School Teachers Ass'n, Inc.
| Decision Date | 10 December 1976 |
| Parties | , 94 L.R.R.M. (BNA) 2367, 80 Lab.Cas. P 54,054 UNION COUNTY REGIONAL HIGH SCHOOL BOARD OF EDUCATION, Respondent-Appellant, v. UNION COUNTY REGIONAL HIGH SCHOOL TEACHERS ASSOCIATION, INC., Petitioner-Respondent. CRANFORD BOARD OF EDUCATION, Respondent-Appellant, v. CRANFORD EDUCATION ASSOCIATION, Petitioner-Respondent. |
| Court | New Jersey Superior Court — Appellate Division |
Irwin Weinberg, Springfield, for respondents-appellants (Weinberg, Manoff & Dietz, Springfield, attorneys; David Paul Ericksen, Springfield, on the brief).
Gerald M. Goldberg, Clifton, for Union County Regional High School Teachers Ass'n, Inc. and Cranford Ed. Ass'n (Goldberg, Simon & Selikoff, Clifton, attorneys; Gerald M. Goldberg and Louis P. Bucceri, Clifton, on the brief).
David A. Wallace, Rockaway, for Public Employment Relations Com'n.
John T. Barbour, Trenton, on behalf of amicus curiae, N.J. School Boards Ass'n (William J. Zaino and John T. Barbour, Trenton, attorneys).
Before Judges HALPERN, ALLCORN and BOTTER.
Whatever may be the breadth of the authority of P.E.R.C. under N.J.S.A. 34:13A--1 Et seq. it does not extend to a grant of the power to compel a public employer to negotiate upon the subjects here in dispute, which the Legislature has expressly and by clear implication delineated by statute.
Consequently, where, as here, local boards of education have determined to reduce their personnel under N.J.S.A. 18A:28--9 and to accomplish such reductions in personnel by the nonrenewal of the teaching contracts of a portion of their entire forces of nontenured teachers, neither P.E.R.C. nor its designee, the executive director, singly or in combination, is empowered to compel the local boards of education to negotiate the criteria or guidelines to govern the boards in making the selection of the specific individuals whose contracts are not to be renewed, or to negotiate for reemployment rights of those teachers selected for nonrenewal. It should be noted, parenthetically, that the effective bargaining agreements between the school districts and the respective teachers organizations contained no provisions whatever for reductions in force.
Under the statutory scheme established by the Legislature for the administration and operation of our public school system, N.J.S.A. 18A:1--1 Et seq., nontenured teachers have no right to the renewal of their contracts, the local boards of...
To continue reading
Request your trial
-
Kaprow v. Board of Educ. of Berkeley Tp.
...242, 534 A.2d 93 (App.Div.1987), certif. denied, 110 N.J. 512, 541 A.2d 1371 (1988). See Union City Bd. of Educ. v. Union County Teachers' Ass'n, 145 N.J.Super. 435, 437, 368 A.2d 364 (App.Div.1976), certif. denied, 74 N.J. 248 (1977). If Kaprow had not acquired tenure pursuant to N.J.S.A. ......
-
Stone v. Camden County Bd. of Chosen Freeholders
...a reduction in force is a non-negotiable managerial prerogative. See: Union County Regional H. S. Board of Education v. Union County Regional H. S. Teachers Ass'n, 145 N.J.Super. 435 (368 A.2d 364) (App.Div.1976), cert. denied 74 N.J. 248 (377 A.2d 654) (1977) reversing P.E.R.C. No. 76-43, ......
-
Council of New Jersey State College Locals, NJSFT-AFT/AFL-CIO v. State Bd. of Higher Educ.
...whether to renew the contracts of such teachers are nonnegotiable subjects); Union County Regional Bd. of Ed. v. Union County Regional High School Teachers Ass'n, 145 N.J.Super. 435, 368 A.2d 364 (App.Div.1976), certif. den., 74 N.J. 248, 377 A.2d 654 (1977) (teacher layoffs and staff reduc......
-
Maywood Bd. of Educ. v. Maywood Ed. Ass'n
... ... the contracts of several nontenured teachers 1 and expanded the work day of kindergarten ... Cf. Union City Bd. of Ed. v. Union Cty. Teach. Ass'n, 145 ... 10, 311 A.2d 733 (1973) (school calendar not negotiable); North Bergen Tp. Bd. of ... Accord, NLRB v. Martin Gleason, Inc"., 534 F.2d 466, 479 (2 Cir. 1976) ... \xC2" ... Reg'l Ed. Ass'n v. Bk. Reg'l High School Bd. of Ed., 78 N.J. 122, 393 A.2d 267 ... Bd. of Ed. v. Galloway Tp. Assn. of Ed. Sec'ts, supra, 149 N.J.Super. 346, 373 ... ...