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Appellate division reverses PERC finding in Watchung Hills bargaining-counsel dispute; orders guidance for future negotiations
Summary
A board member told the Watchung Hills board that the Appellate Division of the Superior Court found the district did not commit an unfair labor practice and directed PERC to issue guidance on negotiating-team size in future bargaining.
Board member Bob Bernberg provided the board an update on an appellate ruling tied to negotiations with the district’s union. Bernberg said the Public Employment Relations Commission (PERC) had initially ruled the board committed an unfair labor practice related to a dispute over the size of bargaining counsel; the board appealed that PERC decision.
Bernberg told colleagues the Appellate Division reversed PERC’s finding and “vindicated the board’s position,” directing PERC to develop explicit guidance for school districts and unions on what constitutes a reasonable negotiating-team size going forward. He said PERC itself had described the issue as “novel” and that the appeals court cited that novelty when instructing PERC to issue guidance.
Bernberg said the New Jersey School Boards Association responded positively to the appellate outcome and that the ruling has implications for other boards across the state because it prevents a precedent that, in his view, would have constrained districts’ bargaining procedures.
The board did not take formal action during the meeting on the court’s ruling; Bernberg’s report was recorded as an informational update to the board.
