Legal Opinion

In re Morris School District Board of Education

New Jersey Superior Court Appellate Division

Decided April 22, 1998PublishedCited by 3 opinions

1Opinion of the Court

The opinion of the court was delivered by

BAIME, P.J.A.D.

The Morris School District Board of Education (Board) appeals from a scope of negotiation determination by the Public Employment Relations Commission (Commission). The Commission decided that a proposed cap on payments for unused paid sick leave, which retroactively diminished the value of amounts already earned by employees unless they retired within a phased-in grace period, constituted an illegal inducement to early retirement and was thus non-negotiable. The Commission concluded alternatively that the Education Association of Morris…

2Cases cited28 opinions

  1. Elgin, Joliet & Eastern Railway Co. v. BurleySupreme Court of the United States · 1945
  2. Allied Chemical & Alkali Workers of America, Local Union No. 1 v. Pittsburgh Plate Glass Co.Supreme Court of the United States · 1971
  3. State v. State Supervisory Employees AssociationSupreme Court of New Jersey · 1978
  4. Gloucester Cty. Welfare Bd. v. NJ CIV. SERV. COMM'N.Supreme Court of New Jersey · 1983
  5. Knecht v. Bd. of Trustees for State Col.Supreme Court of Louisiana · 1991

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3Cited by3 opinions

  1. Caponegro v. State Oper. Sch. Dist.New Jersey Superior Court Appellate Division · 2000
  2. PAUL BARILA VS. BOARD OF EDUCATION OF CLIFFSIDE PARK, BERGEN COUNTY (C-000161-16, BERGEN COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2018
  3. Paul Barila v. Board of Education of Cliffside Park, Bergen County (081626) (Bergen County & Statewide)Supreme Court of New Jersey · 2020

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