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Fraser v. State Board of Education

Decided: April 30, 1945.

THOMAS A. FRASER ET AL., PROSECUTORS,
v.
STATE BOARD OF EDUCATION AND BOARD OF EDUCATION OF THE CITY OF JERSEY CITY IN THE COUNTY OF HUDSON, A CORPORATION, RESPONDENTS



On certiorari.

For the prosecutors, Eisenberg & Spicer.

For the respondents, Robert H. Doherty.

Before Justices Case, Bodine and Porter.

Bodine

The opinion of the court was delivered by

BODINE, J. A writ was allowed in this case for the determination of two questions. 132 N.J.L. 248.

1. Do teachers in a school system, who have acquired tenure, have a right to the increases provided by an existing salary schedule when the time for such increases occur? We think not. If the reasoning in Greenway v. Board of Education of Camden, 129 N.J.L. 461, is somewhat extended, as we think it should be, board action is necessary to implement every increase.

2. May the recommendation by the persons named in the schedule be arbitrarily withheld? We can find nothing in the proofs beyond inaction. There is nothing to indicate that it was arbitrary. To decide otherwise it is admitted would necessitate overruling the reasoning in the Greenway case, supra. This we cannot do.

The judgment of the State Board of Education ...


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