NJASA Legal Department Research Services - April 2017
The U.S. Supreme Court ruled that an employer must honor an employee’s request for representation when confronted by questioning that could lead to disciplinary action. This ruling enshrined what is known today as Weingarten rights. This Administrative Guide will discuss the cases related to Weingarten rights and review the rights employees do and do not have as a result.
In addition, School News Briefs reviews three cases including one in which the Commissioner held that an assistant superintendent’s tenure rights do not protect her from having her salary reduced upon promotion to the position of superintendent, where her salary as assistant superintendent exceeded the maximum salary amount for superintendents in districts of her size.
The April 2017 Impact on Negotiations, reviews two cases including one in which the Appellate Division ruled that, in the absence of a negotiated agreement, the board could not require a teacher who requested leave to care for her newborn to take the leave concurrently as permitted under the FMLA and NJFMLA.
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