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11 N.J.A.R. 114

Oakland Board of Education; Bassett, Linda v
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Citation: 11 N.J.A.R. 114
Decision Date: 1984
Synopsis: Petitioner, a former full-time teacher, alleged respondent Board had illegally reduced her salary and benefits when she returned from a leave of absence to a part-time position. Respondent contended the salary and benefits were set in accordance with a negotiated agreement as it pertained to hourly rate teachers. The matter was transmitted to the Office of Administrative Law for a hearing. The administrative law judge concluded that it was lawful for a negotiated agreement with teachers to incorporate hourly or other wage rates for part-time teachers that are different from salaries for regular full-time teachers. However, the implementation of such an agreement may not reduce petitioner's salary in contravention of N.J.S.A. 18A:28-5. That law says teachers may not be dismissed or reduced in compensation except for cause. Accordingly, the judge ordered a salary adjustment for petitioner. Upon review, the Commissioner of Education agreed with the ad- ministrative law judge that differentiated salary schedules could be negotiated. Specifically, the Commissioner denied petitioner's argu- ment that a recent court decision had rejected the policy of nego- Teaneck Boardof Education, 1983 S.L.D. 699. The principle of Hyman remains valid. However, the specific provisions of the negotiated agreement in this case were found to be ultra vires because the contract created an artificial category of hourly teachers separate from part- time teachers. Petitioner was deemed to be a regular part-time teacher entitled to compensation and benefits accorded part-time teachers under the negotiated agreement. State of New Jersey 115 Gregory T. Syrek, Esq., for petitioner (Bucceri and Pincus, attorneys) Irving C. Evers, Esq., for respondent (Parisi, Evers & Greenfield, attorneys)
Citation Tracker adopted-Com'r of Ed.,; affirmed -St. Bd. of Ed.; modified-223 N.J. Super. 136 (App. Div. 1988) [Updated through 1991]