• NJASA Legal Department Research Services - April 2023

    It is important for school officials to know and understand the employees who may be considered “confidential employees” and who may thereby be excluded from a union. Part One of this Administrative Guide discussed the legal procedure for determining whether an employee is a “confidential employee” for purposes of the New Jersey Employer-Employee Relations Act (Act), the factors used to decide “confidential employee” status based on case law, and it provided a discussion of decisions involving disputes over business office employees who were not secretaries. Part Two continues the discussion of case law regarding confidential employees under the Act, and addresses secretaries, human resources personnel, and technology personnel.


    The School News Briefs reviews three new cases including one in which the New Jersey Superior Court, Appellate Division, Appellate division affirmed the dismissal of a complaint filed by a board’s former attorney alleging that his contract was terminated for political and/or retaliatory reasons.


    April’s Impact on Negotiations discusses four new cases including one in which the Director of Unfair Practices held that a board did not violate a staff member’s Weingarten rights by prohibiting a union representative from speaking at a meeting to discuss a PIP, but an unfair practice complaint will be issued where it is alleged that an employee’s representative was told not to speak at a meeting that allegedly could have led to discipline.  


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