BD. OF ED. OF TP. OF NEPTUNE v. NEPTUNE TP. ED. ASSOC.


144 N.J. 16 (1996)

675 A.2d 611

THE BOARD OF EDUCATION OF THE TOWNSHIP OF NEPTUNE IN THE COUNTY OF MONMOUTH, PETITIONER-APPELLANT, v. THE NEPTUNE TOWNSHIP EDUCATION ASSOCIATION AND THE NEPTUNE TOWNSHIP PRINCIPALS ASSOCIATION, RESPONDENTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided May 8, 1996.


Attorney(s) appearing for the Case

James T. Hundley argued the cause for appellant (Hundley, Parry & Hopkins, attorneys).

Stephen B. Hunter argued the cause for respondent Neptune Township Education Association (Klausner, Hunter & Seid, attorneys; Lawrence J. Van Wess, on the brief).

Wayne J. Oppito argued the cause for respondent The Neptune Township Principals Association.

Robert H. Stoloff, Assistant Attorney General, argued the cause for respondent New Jersey State Board of Education (Deborah T. Poritz, Attorney General of New Jersey, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Arlene Goldfus Lutz, Deputy Attorney General, on the brief).

Kim Chapman, Associate Counsel argued the cause for amicus curiae New Jersey School Boards Association (Susan E. Galante, Director, Legal Department, attorney).

Kathleen A. Naprstek argued the cause for amicus curiae New Jersey Education Association (Zazzali, Zazzali, Fagella & Nowak, attorneys).


The opinion of the Court was delivered by GARIBALDI, J.

The sole issue in this appeal is whether, after the expiration of a three-year collective bargaining agreement (CBA), N.J.S.A. 18A:29-4.1 prohibits a board of education from paying to its teaching staff salary increments set forth in the expired CBA.

I

On September 14, 1988, the Neptune Board of Education (the Board) entered into a three-year...

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