Belleville Educ. Ass'n v. Belleville Bd. of Educ. (In re Belleville Educ. Ass'n)

190 A.3d 487, 455 N.J. Super. 387
CourtNew Jersey Superior Court Appellate Division
DecidedJuly 16, 2018
DocketDOCKET NO. A-5104-14T3, A-2956-15T3
StatusPublished
Cited by24 cases

This text of 190 A.3d 487 (Belleville Educ. Ass'n v. Belleville Bd. of Educ. (In re Belleville Educ. Ass'n)) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Belleville Educ. Ass'n v. Belleville Bd. of Educ. (In re Belleville Educ. Ass'n), 190 A.3d 487, 455 N.J. Super. 387 (N.J. Ct. App. 2018).

Opinion

FUENTES, P.J.A.D.

*391*489This opinion involves two separate, but interrelated cases arising from the same core of operative facts. In the appeal filed by the local board of education under Docket Number A-5104-14, this court upholds the decision of the Public Employment Relations Commission (PERC) to assert its exclusive jurisdiction to decide complaints arising under the New Jersey Employer-Employee Relations Act (EERA), N.J.S.A. 34:13A-1 to -43, even when raised in the context of tenure charges. Applying the Supreme Court's holding in In re Local 195, IFPTE, 88 N.J. 393, 443 A.2d 187 (1982), this court also upholds the union's right to engage in good *392faith negotiations to ascertain the impact the installation of exposed cameras with both audio and video capabilities would have on the terms and conditions of employment for the employees.

In the separate, but related appeal filed by the union under Docket Number A-2956-15, this court holds the Law Division does not have jurisdiction under Rule 4:67-6 to enforce an order entered by PERC. Adhering to the Supreme Court's holding in Galloway Twp. Bd. of Educ. v. Galloway Twp. Educ. Ass'n, 78 N.J. 25, 393 A.2d 218 (1978), we hold that only PERC may file a motion before the Appellate Division to enforce its own order under the EERA. A prevailing party in a PERC proceeding only has the right to request that PERC enforce its own order.

The simplest and most direct way to address the issues raised by the parties in these appeals is to proceed chronologically.

I

A-5104-14

On January 13, 2014, the Belleville Education Association (BEA) filed an unfair practice charge with PERC alleging that the Belleville Board of Education (Board) had violated the EERA. The BEA alleged the Board unilaterally implemented a policy that requires staff to wear radio frequency identification cards (RFID) and, in the guise of upgrading the security system in the schools, placed exposed cameras "with both video and audio capabilities" in virtually all areas of the schools, leaving staff without a private space to congregate *490and express concerns to BEA officers. The BEA argued that these material alterations of the school environment affected their members' terms and conditions of employment and were therefore subject to good faith negotiation.

The BEA also alleged the Board retaliated against its President, Michael Mignone, by filing tenure charges against him when he openly advocated against these policies. The BEA claimed the Board's actions violated N.J.S.A. 34:13A-5.4(a)(1),(2),(3) and (5). The BEA sought interim injunctive relief prohibiting the Board *393from implementing the security measures and staying the prosecution of the tenure charges against Mignone.

The Board argued it had a non-negotiable managerial prerogative to unilaterally implement these security measures to protect the safety of the students and staff, especially in response to the recent surge of school shootings. The Board also stated the issues related to the retaliation charges were moot because it had withdrawn its complaint against Mignone. However, even if the charges were pending, the Board argued PERC did not have jurisdiction over this matter. In response, the BEA disputed that the charges against Mignone had been dismissed.

After considering the arguments of the parties, the Commission Designee denied the BEA's application for interim injunctive relief. The Designee found that the surveillance/security system and RFID employee cards were a "more pervasive type of system, with newer technology, [that] has never been considered by the Commission." Under these circumstances, the Designee concluded that "[a]n interim relief proceeding is not the appropriate application for creating new law ...." With respect to the tenure charges against Mignone, the Designee rejected the Board's jurisdiction argument, holding that PERC "has [the] authority to decide whether the charges were brought against the individual for an inappropriate reason that may constitute a violation of the [EERA]." However, the Designee declined to grant any interim relief because there were material factual issues in dispute.

On May 16, 2014, PERC issued a Complaint and Notice of Prehearing. The parties thereafter presented their case to an arbitrator. On July 28, 2014, the arbitrator issued a decision in favor of the BEA and awarded remedies specifically tailored to the issues at hand. The arbitrator's comprehensive opinion found insufficient evidence to support the charges against Mignone, with one exception. The exception related to Charge II, Count 5 of the complaint, which alleged that Mignone inappropriately allowed a BEA representative to listen surreptitiously during a telephone conversation with a parent of a student.

*394The arbitrator found the evidence proved that Mignone "engaged in substantial misconduct by having an undisclosed BEA representative present during a conference call with the [p]arent of one of his students and the Guidance Counselor." The presence of the third party during this parent-teacher conference call "posed the potential violation of the privacy of the [p]arent and student despite the fact that nothing detrimental was revealed in the conversation."

The arbitrator dismissed the remaining charges and ordered a one-month suspension without pay as the appropriate penalty for the sustained charge. The arbitrator also ordered the Board to reinstate Mignone to his former position and "be made whole for the loss of compensation, if any, beyond the one-month suspension without pay imposed herein." By mutual agreement, both parties moved for summary judgment before PERC.

*491On June 25, 2015, PERC issued its written decision on the parties' summary judgment motions. With respect to whether the Board had the authority to install the audio-video surveillance system, PERC found:

In the instant matter, the Board has installed exposed cameras with both audio and video capabilities in all classrooms, hallways, cafeterias, kitchens, gymnasiums, faculty lounges, most stairwells, some closets and other public spaces as well as the exterior of the buildings. Cameras are not installed in restrooms, locker rooms and nurses' offices. Audio recordings will only be triggered in the event of an emergency or security issue.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In the Matter of Township of Mount Olive and Fop Lodge 122
New Jersey Superior Court App Division, 2025
The Estate of MacKenzie Jennings, Etc. v. Diana Vitale, M.D.
New Jersey Superior Court App Division, 2025
Paul D. Digiacomo v. Clifford A. Forman
New Jersey Superior Court App Division, 2024
Dr. Mavis Faulknor v. County of Hudson
New Jersey Superior Court App Division, 2024
Thomas A. Furey v. John J. Ragan
New Jersey Superior Court App Division, 2023
Marilee Negron v. Jean C. Benitez
New Jersey Superior Court App Division, 2023
Com. v. Pukowsky, M.
Superior Court of Pennsylvania, 2019

Cite This Page — Counsel Stack

Bluebook (online)
190 A.3d 487, 455 N.J. Super. 387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/belleville-educ-assn-v-belleville-bd-of-educ-in-re-belleville-educ-njsuperctappdiv-2018.