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Belen v. Woodbridge Township Board of Education

Decided: July 6, 1976.

ERNEST BELEN, KATHLEEN CLAY, RICHARD GARCIA, PETER A. GRECO, SEABURY HOUGH AND GRACE MALLORY, PLAINTIFFS-APPELLANTS,
v.
WOODBRIDGE TOWNSHIP BOARD OF EDUCATION AND WOODBRIDGE FEDERATION OF TEACHERS LOCAL 822, AMERICAN FEDERATION OF TEACHERS, AFL-CIO, DEFENDANTS-RESPONDENTS



Lynch, Larner and Horn. The opinion of the court was delivered by Lynch, P.J.A.D.

Lynch

Plaintiffs, six psychologists employed by defendant Woodbridge Township Board of Education (Board) sued the Board and defendant Woodbridge Township Federation of Teachers (Federation), charging that during negotiations between the Board and the Federation looking toward a contract for the 1974-1975 school year the Federation failed to fulfill its duty of representing plaintiffs fairly and without discrimination pursuant to N.J.S.A. 34:13A-5.3. The psychologists alleged that the Federation failed to keep them informed, and in fact dishonestly and intentionally misled them, as to the status of the negotiations with the Board which ultimately resulted in contract provisions which reduced plaintiffs' salaries and increased their working hours. Those plaintiffs who have achieved tenure further alleged that the reduction of their salaries was in violation of N.J.S.A. 18A:6-10.

Plaintiffs sought a judgment: (1) enjoining the Board from paying the reduced salaries and ordering restoration

of the prior salaries and working hours pending further negotiations; (2) rescinding that part of the 1974-1975 contract applicable to plaintiffs' working conditions pending such negotiations, and (3) directing defendants to resume negotiations in good faith concerning plaintiffs' working conditions. Following a full trial the judge dismissed plaintiffs' complaint and they appealed. We affirm.

The Federation is the duly certified bargaining agent for the teachers and certain other employees of the Woodbridge school system. There are approximately 1,000 members of the bargaining unit, including the six plaintiffs herein. During the 1973-1974 school year several "child study teams," consisting of a psychologist, a learning disability teacher and a social worker, operated in the school system. Plaintiffs, the psychologists in these teams, enjoyed a more favorable salary status than the other team members since they received a 25% premium above the salary guide, while the learning disability teachers and social workers received, respectively, only the lesser premium of $400 and $500 above the salary guide. All team members had a work day of 8:30 A.M. to 4:00 P.M. and a work year that lasted from approximately Labor Day through the third week in June.

During the negotiations on a new contract, which began on November 1, 1973, one of the goals of the Federation was to bring the learning disability teachers and social workers to parity with the psychologists at the favorable 25% pay differential. The Board sought parity of pay among child study team members but at a 10% differential. The Board further proposed that the working hours of all team members be increased. In the course of negotiations the Federation modified its position on this issue to a demand that all members of the child study teams receive a 20% pay differential but that currently employed psychologists (a category which included the six plaintiffs here) would continue to receive a 25% differential.

Approximately 150 items were the subject of the negotiations. By January 29, 1974 an impasse had developed, and

on March 1, 1974 a mediator was appointed by the Public Employment Relations Commission (PERC). The mediator urged the Board and the Federation to establish priorities as to the subjects to be negotiated. The status of the child study team was made a priority by each side. Eventually the mediator was appointed factfinder by PERC. On July 25, 1974 the factfinder presented his recommendations, including the following concerning the child study teams:

School Psychologists, Learning Disability Teacher Consultants, and School Social Workers shall receive 15% above scale, and their work day shall be from 8:30 a.m. through 4:30 p.m. commencing with the Monday of the week prior to Labor Day and ending on June 30th.

Ultimately this recommendation was accepted by both parties and made part of the contract, which was then ratified by the union membership on September 3, 1974. Plaintiffs were the only employees who suffered a pay cut under this contract.

During the course of the negotiations some of the current plaintiffs attempted to obtain from the Federation specific information about the status of the issues that affected them. These requests were rejected in accordance with the Federation's view that disclosing details of the negotiations would hinder progress toward a settlement. Similar requests from other union members were treated in the same manner. Certain of the plaintiffs here also sought to persuade the ...


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