218 A.3d 320
N.J. Super. Ct. App. Div.2019Background
- Jersey City Board of Education (Board) and Jersey City Education Association (JCEA) CBA (Sept. 1, 2013–Aug. 31, 2017) included Article 7 §7-2.3 permitting the JCEA president and a designee to "devote all of his/her time to the [JCEA] business and affairs" and to be provided office/parking facilities.
- Although §7-2.3 does not expressly state salary/payment terms, the Board paid full teacher salaries and benefits to those two released employees during the CBA term; the practice predated this CBA.
- Plaintiffs (Jersey City residents/taxpayers) challenged the arrangement as unlawful under Title 18A and violative of public policy (and raised a state constitutional claim), arguing the Board lacked statutory authority to pay teachers who exclusively serve the union.
- Chancery Division (General Equity) upheld the provision, relying on Roe v. Kervick and finding release time promoted collective bargaining and labor peace; Board adopted JCEA’s position on appeal.
- Appellate Division declined to reach constitutional questions, instead resolving the case on statutory grounds: it held N.J.S.A. 18A:30-7 and related leave provisions do not authorize payment of full salaries/benefits to teachers who are not absent but instead work exclusively for the union.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board may pay full salaries/benefits to two teachers who are released to work full-time for the union | The Board lacks statutory authority under Title 18A; disbursement of public funds to a private association is ultra vires and against public policy | Such release time is authorized by N.J.S.A. 18A:30-7 (payment in cases of absence not sick leave) and is justified as facilitating collective bargaining and labor peace | The practice is unauthorized by Title 18A and Section 7-2.3 of the CBA is unenforceable as against public policy; payments were ultra vires |
| Whether plaintiffs’ constitutional challenges require resolution | Plaintiffs argue the arrangement violates NJ Constitution's prohibition on appropriations to associations | Board/JCEA contended prior precedent (Roe) forecloses facial invalidation | Court avoided constitutional ruling, deciding on statutory grounds instead |
| Whether N.J.S.A. 18A:30-7 and related leave statutes can be read to permit the challenged practice | Statutes do not allow continuous full-pay release to work exclusively for a private association | Statutes and prior practice (per defendants) permit payment for absences and certain paid leaves, implying authorization | Statutory language and context do not support paying full salary/benefits when employees perform no district duties; statutes do not authorize this arrangement |
| Whether the Board obtained any reciprocal public benefit justifying the payments | Plaintiffs: no meaningful reciprocal district benefit; released employees advocate union interests even when conflicting with district policies | Defendants/Equity judge: release time facilitates collective negotiations and labor peace — a public benefit | Appellate Division: asserted benefit insufficient as statutory authorization; public-policy and statutory limits control, so practice unlawful |
Key Cases Cited
- Roe v. Kervick, 42 N.J. 191 (court relied upon for precedent regarding release time and collective bargaining)
- In re Block, 50 N.J. 494 (1967) (public employees, including school employees, have no right to strike)
- Board of Educ. of Piscataway Township v. Piscataway Maint. & Custodial Ass'n, 152 N.J. Super. 235 (App. Div. 1977) (contractual extended disability pay can exceed board's statutory authority)
- Fair Lawn Educ. Ass'n v. Fair Lawn Bd. of Educ., 79 N.J. 574 (1979) (boards may exercise only powers granted by Legislature)
- DiProspero v. Penn, 183 N.J. 477 (2005) (statutory interpretation principles)
- In re Plan for the Abolition of the Council on Affordable Hous., 214 N.J. 444 (2013) (avoid constitutional questions when statutory grounds suffice)