Yesterday, we received the following communication from one of our attorneys regarding several cases we had before NJ PERC (New Jersey's Public Employment Relations Commission):
John and Gene:
Attached, please find PERC’s Initial Decision on our motion for summary judgment concerning the NTU’s Charge over: (1) the denial and/or interference with NJEA Convention Leave; (2) Refusal to Provide the names of ineffective teachers; and (3) the blocking of John’s email. I am pleased to inform you that the Hearing Examiner ruled in favor of the NTU on nearly all aspects of the charge.
First, the Examiner found that the District interfered with NTU member’s rights to attend by the NJEA Convention by placing irrelevant requirements for attendance.
Second, the Examiner found that the District is obligated under the Act to provide the names of ineffective teachers pursuant to the District’s duty to negotiate in good faith.
Last, the Examiner found the District violated the Act by refusing John access to communicate with NTU members directly though District email. But, the District did not violate the Act by requiring John to communicate directly with Laurette Asante.
In short, the NTU essentially ran the table on the issues. In fact, the only issue on which we lost, was one we did not expect to win anyway.
Please note that the decision is not “final” and the District may – and likely will – appeal to the full Commission.
Colin Lynch