From Casetext: Smarter Legal Research

Union Cty. Bd. of Ed. v. Union Cty. Teach. Assn

Superior Court of New Jersey, Appellate Division
Dec 10, 1976
145 N.J. Super. 435 (App. Div. 1976)

Summary

In Union Cty. Bd. of Ed. v. Union Cty. Teach. Ass'n, 145 N.J. Super. 435 (App.Div. 1976), we held that PERC lacks the power to compel local boards of education to negotiate the criteria or guidelines governing their decisions as to which nontenured teachers will not be reemployed due to reductions in personnel.

Summary of this case from In re Teaneck Board of Education

Opinion

Argued October 26, 1976 —

Decided December 10, 1976.

Appeal from the Superior Court, Public Employment Relations Commission.

Before Judges HALPERN, ALLCORN and BOTTER.

Mr. Irwin Weinberg argued the cause for appellants ( Messrs. Weinberg, Manoff and Dietz, attorneys; David Paul Ericksen on the brief).

Mr. Gerald M. Goldberg argued the cause for respondents Union County Regional High School Teachers Association, Inc. and Cranford Education Association ( Messrs. Goldberg, Simon Selikoff, attorneys; Gerald M. Goldberg and Louis P. Bucceri on the brief). Mr. David A. Wallace argued the cause for respondent Public Employment Relations Commission.

Mr. John T. Barbour argued the cause on behalf of amicus curiae, New Jersey School Boards Association ( Mr. William J. Zaino and John T. Barbour, attorneys).


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 non-renewal 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 education, in turn, are invested with virtually unlimited discretion in such matters, and nontenured teachers whose contracts of employment are not renewed by reason of a reduction in force plainly are denied any reemployment rights whatever, N.J.S.A. 18A:28-5, 9, 10, 11 and 12; Winston v. So. Plainfield Bd. of Ed., 125 N.J. Super. 131 , 143 (App.Div. 1973), aff'd 64 N.J. 582 (1974); Donaldson v. North Wildwood Bd. of Ed., 65 N.J. 236 (1974).

In these circumstances, the order appealed from directing the local boards to negotiate the issues of the standards to be utilized in the selection of the non-tenured teachers whose contracts were not to be renewed and their reemployment rights, is ultra vires P.E.R.C. and therefore invalid.

Accordingly, the order is reversed. Said determination renders moot the appeal by P.E.R.C. seeking enforcement of the order (A-4393-75).


Summaries of

Union Cty. Bd. of Ed. v. Union Cty. Teach. Assn

Superior Court of New Jersey, Appellate Division
Dec 10, 1976
145 N.J. Super. 435 (App. Div. 1976)

In Union Cty. Bd. of Ed. v. Union Cty. Teach. Ass'n, 145 N.J. Super. 435 (App.Div. 1976), we held that PERC lacks the power to compel local boards of education to negotiate the criteria or guidelines governing their decisions as to which nontenured teachers will not be reemployed due to reductions in personnel.

Summary of this case from In re Teaneck Board of Education
Case details for

Union Cty. Bd. of Ed. v. Union Cty. Teach. Assn

Case Details

Full title:UNION COUNTY REGIONAL HIGH SCHOOL BOARD OF EDUCATION…

Court:Superior Court of New Jersey, Appellate Division

Date published: Dec 10, 1976

Citations

145 N.J. Super. 435 (App. Div. 1976)
368 A.2d 364

Citing Cases

In re Maywood Board of Education

The Association's argument does imply that since Conley was a tenured teacher she has reemployment rights,…

Taureck v. City of Jersey City

The court stated (at 572-573) that the school laws could exist harmoniously with the EERA. However, in Union…