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1 N.J.A.R. 327

Willingboro Education Association and the Board of Education of the Township of Willingboro, Burlington County; Willingboro Administrators Association v
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Citation: 1 N.J.A.R. 327
Decision Date: 1980
Agency: DEPARTMENT OF EDUCATION
Synopsis: N.J.A.C. 6:3-1.21(a) requires an annual evaluation of tenured teachers. To fulfill this requirement the Willingboro Board of Education and the Willingboro Education Association negotiated an agreement providing for a January 15 deadline date for such evaluations. The Willingboro Administrators Association, composed of supervisors who would be performing the evaluation, brought this action before the Commissioner of Education to determine if the negotiation of an evaluation deadline (s in compliance with applicable education law. The Education Association argued that the Commissioner lacked jurisdiction over the matter since it is one raising a scope of negotiations question, which should have been filed before the Public Employment Relations Commission (PERC). The administrative law judge noted that original jurisdiction over scope of negotiations questions is with PERC, but that this jurisdiction was not exclusive if the expertise of another state agency is required for the resolution of the major issue raised. The judge determined that the essential issue in this case is whether the negotiated deadline date meets the requirements for an annual teacher evaluation program, and that the resolution of the question required the expertise of the Commissioner and not PERC. Accordingly, the motion to dismiss for lack of jurisdiction was denied. Robert M. Schwartz, Esq., for Petitioner' Joel S. Selikoff, Esq., and John E. Collins, Esq., for Respondent Willingboro Education Association John T. Barbour, Esq., for Respondent Willingboro Board of Education (Barbour & Costa, Attorneys)
Rule(s) Cited: 6:3-1.21(a) 6:3-2.1 et seq. 6:11-3.4 6:24-2.1