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2 N.J.A.R. 346
- Newark, Board of Education of the City of; Newark Attendance Counselors Association v
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- Citation: 2 N.J.A.R. 346
- Decision Date: 1979
- Agency: DEPARTMENT OF EDUCATION
- Synopsis: Although laid-off attendance counselors had been employed by Newark Board of Education, they were classified Civil Service employees and their employment rights were governed by the Civil Service laws. Thus the Commissioner of Education cannot affect their rights of lay-off or re- employment. Board of Education's motion to dismiss for lack of subject matter jurisdiction on the part of the Commissioner of Education was granted. Anthony M. Tamasco, Esq., for Petitioners Louis C. Rosen, Esq., for Respondent
- Citation Tracker rejected, Div. of Motor Vehicles; reversed -App. Div., A-5061-79, 12/2/82 (unreported); reversed & rein.-93 N.J. 295 (1983) [Updated through 1991]
- Synopsis: Although laid-off attendance counselors had been employed by Newark Board of Education, they were classified Civil Service employees and their employment rights were governed by the Civil Service laws. Thus the Commissioner of Education cannot affect their rights of lay-off or re- employment. Board of Education's motion to dismiss for lack of subject matter jurisdiction on the part of the Commissioner of Education was granted. Anthony M. Tamasco, Esq., for Petitioners Louis C. Rosen, Esq., for Respondent