In a unanimous decision, the New Jersey Supreme Court ruled on Feb. 3 that negotiated full-time release provisions for association officers do not violate the law and are not unconstitutional under the Gifts Clause of the state constitution. The decision reversed an earlier ruling issued by the Appellate Division.
The case, Rozenblit v. Lyles, challenged the full-time release provisions of the collective bargaining agreement between the Jersey City Board of Education and the Jersey City Education Association, but the decision affects every local association with negotiated release time for one or more of its officers.
The plaintiff, Moshe Rozenblit had standing in the case as a taxpayer in Jersey City. Marcia Lyles, who was listed as a defendant in the case, was the superintendent of Jersey City Public Schools at the time the suit was filed. Release time provisions are a common practice in several local associations and have been supported by the Public Employment Relations Commission (PERC) for decades.
The state Supreme Court reinforced the principle that the payment of salaries and benefits to released local leaders does not exceed its statutory grant of authority. Rather, these arrangements are authorized by the “plain language” multiple New Jersey laws and regulations.
The court flatly rejected the Rozenblit’s arguments that the release time amounted to a “gift” paid for by taxpayers because “release time serves a public purpose and is so consonant with the accomplishment of that purpose that it does not offend the State Constitution.”
NJEA’s officers, President Marie Blistan, Vice President Sean M. Spiller and Secretary-Treasurer Steve Beatty issued this statement commending the Supreme Court’s ruling:
“We are pleased that the court followed the law and respected decades of precedent in making this common-sense decision. The case was without merit from the beginning. It is well established that employees and employers have the right to collectively bargain the terms and conditions of employment. The contract provisions at issue in this matter were part of the legal collective bargaining agreement.
“This frivolous lawsuit was never about Jersey City. It was brought by well-funded, out-of-state special interests pursuing a radical anti-union agenda that is out of line with the values we hold dear in New Jersey. After more than 50 years of collective bargaining, New Jersey’s public schools are rated the best in the nation. Perhaps these out-of-state groups should spend their time learning from our success instead of trying to undermine it.”
You can read the decision at here.