Board of Education v. Buena Regional Education Ass'n

693 A.2d 159, 300 N.J. Super. 415, 1997 N.J. Super. LEXIS 219
CourtNew Jersey Superior Court Appellate Division
DecidedMay 7, 1997
StatusPublished
Cited by8 cases

This text of 693 A.2d 159 (Board of Education v. Buena Regional Education 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
Board of Education v. Buena Regional Education Ass'n, 693 A.2d 159, 300 N.J. Super. 415, 1997 N.J. Super. LEXIS 219 (N.J. Ct. App. 1997).

Opinion

The opinion of the court was delivered by

SKILLMAN, J.A.D.

This appeal involves the interpretation of N.J.S.A. 18A:28-6.1, which provides that when a school district discontinues a school and enters into an agreement to send its students to another district, the receiving district must offer employment to the tenured teachers in the discontinued school and preserve their basic employment rights including “seniority.”

On December 19, 1992, the Board of Education of the Borough of Newfield (Newfield Board) entered into an agreement with the Board of Education of the Buena Regional School District (Buena Board), effective July 1, 1993, to expand their previous send-receiving relationship, which had covered grades seven through twelve, to include grades K through six. Paragraph five of this agreement provided in pertinent part:

[A]ll Sending District’s teaching staff members who have tenure as of June 30,1993 will be employed by Receiving District as required by N.J.S.A. 18A:28-6.1. Ail such transferred teaching staff will receive compensation and benefits based on the Receiving District’s contractual agreements effective July 1,1993.

Pursuant to this agreement, ten tenured elementary school teachers formerly employed by the Newfield Board became employed by the Buena Board.

Thereafter, the Buena Board entered into a collective bargaining agreement with the Buena Regional Education Association (Buena Education Association) covering the period from July 1, 1993, to June 30, 1996. This agreement included a multi-step salary guide under which teachers were compensated in accordance with their years of service. The ten teachers who had transferred from the Newfield district were given full credit for their service in Newfield in determining their compensation under this salary guide.

The collective bargaining agreement also contained a “longevity” provision, which provided:

Employees shall receive an additional increment of $300.00 for 15 years, $600.00 for 20 years, $325.00 for 25 years, $325.00 for 30 years to be added to their salary at the completion of the fifteenth, twentieth, twenty-fifth and thirtieth years of service in the Buena Regional School District. During the 1994-95 and following [419]*419school years, the amounts shall be $300.00 for 15 years, $700.00 for 20 years, $325.00 for 25 years and $325.00 for 30 years.

Although the Buena Board recognized the transferred teachers’ service in the Newfield district for other purposes, it decided that only service in the Buena district would be counted in determining eligibility for additional compensation under this provision. The Buena Board applied this decision not only to the ten elementary school teachers transferred to the Buena district in 1993 but also to two upper grade teachers transferred in 1973 who had previously received such longevity payments based in part on service in the Newfield district.

The Buena Education Association grieved this decision and ultimately the dispute was submitted to arbitration. The arbitrator sustained the grievance, ruling that the transferred teachers “service in the Newfield School District shall be deemed years of service in Buena for the purpose of longevity under ... the contract.” The arbitrator’s decision relied in part on N.J.S.A. 18A:28-6.1:

[Sleniority is one of the items embraced in [N.J.S.A. 18A:28-6.1], and if there is any synonym for seniority — one that will serve as well as any other — it’s longevity, two virtually interchangeable words denoting service for one employer or in one particular place. Seen in that light, what [N.J.S.A 18A:28-6.1] is saying is that for purposes of longevity, Newfield teachers are to be afforded the same rights as the Buena staff.

The arbitrator also noted that “there is a real albeit intangible custom in labor relations that in situations such as' this where employees are adopted by one employer from another, they should not end up being treated as orphans in their new home.” In addition, the arbitrator rejected the Buena Board’s argument that the grievance should be denied because it was not commenced within the time allowed under the agreement, ruling that the Board’s action constituted a “continuing violation” which could be challenged at any time.

The Buena Board filed this action seeking to vacate the arbitration award, and the Buena Education Association filed a counterclaim seeking confirmation. The trial court ruled in favor of the Board and vacated the arbitration award. The court concluded [420]*420that the arbitrator should not have considered N.J.S.A. 18A:28-6.1, because the interpretation of the education laws is within the exclusive province of the Commissioner and State Board of Education. The court also concluded that the collective negotiating agreement clearly indicated that a teacher's entitlement to what the Board characterizes as “longevity compensation” is determined solely by his or her service in the Buena district. Although the court vacated the arbitration award, it refused to extend this ruling to the two teachers who transferred from Newfield to the Buena district in 1973, holding that the Buena Board was barred by the principle of equitable estoppel from depriving those teachers of this additional compensation.

The Buena Education Association appeals from the judgment memorializing this decision. We reverse.

Preliminarily, we reject the trial court’s conclusion that the arbitrator was precluded from considering N.J.S.A 18A:28-6.1 because the Department of Education has exclusive authority to interpret and enforce any provision of the education laws. Although the Commissioner and State Board of Education have primary responsibility for the interpretation and administration of the State’s education laws, see Abbott v. Burke, 100 N.J. 269, 300-01, 495 A.2d 376 (1985), an arbitrator appointed to resolve a labor dispute between a school board and its teachers’ association cannot make an award which “has ‘the effect of establishing a provision of a negotiated agreement inconsistent with state statutory policy.’ ” Old Bridge Township Bd. of Educ. v. Old Bridge Educ. Ass’n, 98 N.J. 523, 528, 489 A.2d 159 (1985) (quoting Teaneck Bd. of Educ. v. Teaneck Teachers Ass’n, 94 N.J. 9, 15, 462 A.2d 137 (1983)); accord Scotch Plains-Fanwood Bd. of Educ. v. Scotch Plains-Fanwood Educ. Ass’n, 139 N.J. 141, 150, 651 A.2d 1018 (1995). Consequently, the arbitrator correctly concluded that he had to consider whether N.J.S.A 18A.-28-6.1 requires the Buena Board to give full credit to the transferred teachers for [421]*421their years of service in Newfield in determining their levels of compensation.

N.J.S.A. 18A:28-6.1 provides in relevant part:

Whenever ... any board of education in any school district ...

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Bluebook (online)
693 A.2d 159, 300 N.J. Super. 415, 1997 N.J. Super. LEXIS 219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-education-v-buena-regional-education-assn-njsuperctappdiv-1997.