Employment Petition for certification denied. NJSCt 2019: Jan. 22. Appellate Division previously denied teacher’s petition for reconsideration of her dismissed complaint alleging breach of duty to provide a safe work environment; bad faith; retaliation; fraud/misrepresentation; breach of duty of good faith and fair dealing; violation of her due process and First and Fourth Amendment rights; failure to accommodate her disability; violation of the New Jersey Law Against Discrimination based on race and gender; and intentional infliction of emotional distress. Clarke-Huff v. Elizabeth Bd. of Educ., No. A-5059-16T3, 2018 N.J. Super. Unpub. LEXIS 2057, at *1 (Super. Ct. App. Div. Sep. 11, 2018)
Petition for certification granted. Miller v. Newark State-Op., Dkt. No. C-607; (_____NJ_____ Feb. 8, 2019). Previously, Commissioner rejected initial decision finding for school secretary employed for more than twelve years. Commissioner instead found that where civil service district determined to reassign secretary to non-civil service secretarial position and terminate her civil service protections, tenure protections began to run as of the date of transfer and tenure rights vested three years after transfer. (Commr. 2016: March 8).
Petition for certification denied. R.D.A. v. Hunterdon Central Bd. of Educ., Dkt. No. C-447; (_____N.J._____) (2019 N.J. LEXIS 25) (slip op.) Jan. 8, 2019. Appellate Division previously dismissed teacher appeal of his conduct-based tenure dismissal alleging a violation of OPMA. Board convened two separate committee meetings on the same day to discuss teacher, ostensibly to avoid Rice Notice requirements. Petition of appeal not timely filed.
Negotiations Collective Petition for certification denied. Ocean Twp. v. Waretown, NJSCt 2019: Feb. 5.
Appellate Division reversed PERC SCOPE petition determination finding union’s grievance was not mandatorily negotiable and therefore non-arbritable. Instead, Appellate Division determined that where board transferred secretary out of the unit, it improperly transferred her duties as well. Managerial prerogative not implicated where duties must be assigned to unit members. (App. Div. 2018: Aug. 15)