Page 30 - 40thAnniversaryNJPSA

LEGAL AND FIELD SERVICES

Two of the most important services NJPSA members have The legal services that are provided to members serve as a
been able to count on since the organization’s founding form of legal “insurance.” Being an NJPSA member allows
are the legal representation from a full staff of attorneys the member to receive legal advice to assist the member in
who specialize in education law and field services keeping out of trouble, or, if there already is a problem, how
that provide members with support, guidance, and to proceed going forward. NJPSA membership entitles the
representation in contract negotiations, grievances, and, member to assistance on contract issues and representation
when needed, representation before boards of education. on civil and/or administrative employment related matters.
NJPSA Chief Counsel Robert Schwartz estimates that
Affiliated bargaining units with 100% of its members belonging approximately 10 percent of the membership requires the
to NJPSA are eligible for NJPSA legal services in labor assistance of the legal team each year.
management disputes such as grievances, arbitrations,
contract disputes, unfair practice complaints, Some of the more recent cases that were successfully
and representation petitions. handled by the NJPSA Legal team involved preserving the
employment of a number of administrators against whom
NJPSA’s legal team advises members on a variety of tenure charges of inefficiency were filed; successfully litigating
issues including but not limited to negotiations, contract tenure and seniority claims resulting in the reinstatement of
interpretation and/or review, contract violations, contractual five individuals in their former positions; defeating an Order
grievances, changes in terms and conditions of employment, to Show Cause that had sought the revocation of the teaching
evaluations, rebuttals to evaluations, affirmative action, hostile and administrative certifications of two members after 12 years
or unhealthy workplace claims, claims of discrimination, claims of litigation; reinstating one of our members who claimed
of harassment, tenure acquisition, seniority, tenure charges, that his dismissal violated the “just cause” provision of the
transfers, workplace retaliation, and, more generally, advising contract; obtaining the dismissal of tenure charges that had
members on how to address and/or respond to every day been brought against a number of our members resulting in
controversies or issues that are presented. More recently, we their reinstatement with all back-pay; and arbitrating a mid-year
have dealt with a whole host of pandemic-related issues such termination resulting in an award requiring the district to pay
as the vaccine requirements, testing, and mask mandates. our member the balance of his annual salary.