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2 N.J.A.R. 184

Grossman, Alan v. Elizabeth, Union County Board of Education of the City of
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Citation: 2 N.J.A.R. 184
Decision Date: 1980
Agency: DEPARTMENT OF EDUCATION
Synopsis: Petitioner Grossman, employed as a teacher with the Elizabeth Board of Education, argued that his placement on the Board's salary guide be advanced on the basis of a non-degree graduate credits earned prior to the attainment of a master's degree. The administrative law judge found that in 1976 Grossman had filed a grievance with the Board based on essentially the same claim. The grievance procedure followed the steps prescribed in the then existing collective bargaining agreement between the Board and the local teachers' association. Grossman's claim was denied by the resulting arbitration procedure and no application for modification of the award was made during the statutory time limit ofN.J.S.A. 2A:24-1 et seq. Rejecting the argument that identity of issue was lacking, the administrative law judge concluded that the single substantive issue before him (i.e. misplacement of the salary guide) had been finally decided by the prior arbitration award which was binding both on Grossman and the Board. Accordingly, Grossman was barred by application of the doctrines of res judicata and collateral estoppel from litigating the same issue a second time. Thus, Grossman's petition was dismissed. Sheldon H. Pincus, Esq., for Petitioner (Goldberg & Simon, Attorneys) Richard M. Mandel, Esq., for Respondent (O'Brien, Liotta & Mandel, Attorneys)