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3 N.J.A.R. 157

Bloomingdale Teachers' Association v. Bloomingdale, Board of Education of the Borough of
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Citation: 3 N.J.A.R. 157
Decision Date: 1981
Agency: DEPARTMENT OF EDUCATION
Synopsis: The petitioners challenged the unwritten policy of a local board of education which required a teacher to be employed on February 1 and for the five-month period immediately preceding or succeeding that date in order to qualify for placement on the next incremental step of the salary guide. The administrative law judge found that although the policy was unwritten and was not generally disseminated to the teaching staff until applied in individually appropriate cases, it had been uniformly and unfailingly applied by the board for the past 11 years. The judge determined that while the failure to memorialize the document or to disseminate it made the policy more easy to question, neither rendered the policy void. The administrative law judge concluded that since the policy had been applied consistently and there was no showing that the policy was illegal, arbitrary or unreasonable, it should be allowed to stand. Saul R. Alexander, Esq., for Petitioners Gordon D. Meyer, Esq., for Respondent (Jeffer, Hopkinson & Vogel, attorneys)