NJSBA Supports Local Board Before NJ Supreme Court

On Jan. 5, NJSBA attorney John Burns appeared before the New Jersey Supreme Court arguing as an amicus curiae (friend of the court) for a school board in a case involving a staff firing. Burns argued that termination was the appropriate discipline for a custodian who entered a girls changing room while they were dressing, in spite of clear instructions not to enter the room.

In Linden Education Association v. Linden Board of Education, the custodian was fired after he entered a classroom and proceeded to clean the windows while girls were changing costumes for a high school dance recital. Following an investigation, the board of education terminated him, citing the fact that he reluctantly exited the room after being told to do so by staff and students and the fact that he knew that the room would be used as a dressing room.

The custodian sought arbitration of the termination. The arbitrator determined that termination was too harsh a penalty given his unblemished record. Instead, the arbitrator imposed a 10-day suspension without pay. The Linden Board appealed this determination to the Appellate Division of Superior Court.

The Appellate Division, in a 2-1 split, determined that the arbitrator had exceeded his authority. Once the arbitrator found that there was enough evidence to support discipline by the board, the arbitrator had no power to overturn the termination.

NJSBA argued before the Court that the Appellate Division properly rejected the arbitration award, upholding the termination of an insubordinate custodian by the Linden Board of Education. NJSBA also emphasized that the termination upholds the duty of the Linden Board of Education to provide for the protection of the safety and welfare of the student population.

A decision by the court in the Linden case is expected this spring.

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