In a decision issued today, the New Jersey State Supreme Court ruled that it is legal for New Jersey taxpayers to pay the salaries of New Jersey Education Association members even when they work full time on union business. The Asbury Park Press calls it “a big win for teachers unions statewide.”
In this particular case, the conservative Goldwater Institute sued Jersey City Public Schools on behalf of two Jersey City taxpayers. Goldwater had originally won in appellate court with the argument that “release time” —allowing employees to engage in other matters during school hours — violates a clause in the New Jersey State Constitution, which bars “public entities from giving money to private individuals or companies.” The Supreme Court said there was no violation of the Constitution because the Jersey City release time benefits the public.
From the ruling:
HELD: The Board’s payment of salaries and benefits to the releasees did not exceed its statutory grant of authority. The Board’s agreement to the CNA’s release time provisions is authorized by the plain language of N.J.S.A. 18A:30-7, construed in conjunction with two related provisions of the Education Code, N.J.S.A. 18A:27-4 and N.J.S.A. 18A:11- 1(c), and with a core provision of the Employer-Employee Relations Act (EERA), N.J.S.A. 34:13A-2. Further, the release time serves a public purpose and is so consonant with the accomplishment of that purpose that it does not offend the State Constitution.
NJEA released the following statement: “This frivolous lawsuit was never about Jersey City. It was brought by well-funded, out-of-state special interests pursuing a radical anti-union agenda that is out of line with the values we hold dear in New Jersey.”
