Search Rutgers Law Library N.J. Court Opinions

1 /usr/local/share/www/libweb/collections/courts/appellate/a2306-16.opn.html -- rank: 1000

... analyses of the 'materially affected' clause of the pertinent statute, N.J.S.A. 18A:6-17.2. We begin, then, with the statute. The tenure charges for ... the arbitrator's consideration of the charges was governed by N.J.S.A. 18A:6-17.2. The statute provides: (a) In the event that the matter ... favor of the board and the employee shall be dismissed. [N.J.S.A. 18A:6-17.2.] A-2306-16T4 7 The arbitrator determined, and defendant does ... s evaluation failed to adhere substantially to the evaluation process . . . .' N.J.S.A. 18A:6-17.2(a)(1). Plaintiff asserts that finding should have ended the ... the evaluation process 'materially affect[] the outcome of the evaluation'? N.J.S.A. 18A:6-17.2(b). The plain language of the statute required the arbitrator ... result, the statute required a decision in favor of defendant. N.J.S.A. 18A:6-17.2(b). In reviewing the arbitrator's decision, the trial ...

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Document Size:	20253

2 STATE-OPERATED SCHOOL DISTRICT OF THE CITY OF NEWARK v. JOEL DAWKINS -- rank: 944

... actions in 2013-14 were arbitrary and capricious, contrary to N.J.S.A. 18A:6-17.2(a)(4). Despite having more than twenty years of experience ... arbitrator concluded the District had acted arbitrarily and capriciously under N.J.S.A. 18A:6-17.2(a)(4). As in the prior year, defendant did not ... actions materially affected the outcome of defendant's evaluations. See N.J.S.A. 18A:6-17.2(a) and (b). Throughout his decision, the arbitrator referred to ... reference to materiality, which [was not] a clear . . . reference to [N.J.S.A. 18A:6-17.2(b)].' The case was remanded to the Commissioner for the ... charges.6 The arbitrator made specific findings as required under N.J.S.A. 18A:6-17.2(a) and (b). There can be no mistake that the ... Therefore, the arbitrator made the requisite findings and conclusions under N.J.S.A. 18A:6-17.2. Although at times unartful, it is clear a reading ...

docket:	a4232-16
court:	NJ Superior Court Appellate Division
decided:	2019-03-13
status:	Unpublished
citation:
Document Size:	25246

3 FELICIA PUGLIESE v. STATE-OPERATED SCHOOL DISTRICT OF THE CITY OF NEWARK -- rank: 918

... or (4) the district's actions were arbitrary and capricious. [ N.J.S.A. 18A:6-17.2. (emphasis added.)] Pursuant to TEACHNJ, the arbitrator must therefore determine ... from basing his review on the four factors designated in N.J.S.A. 18A:6-17.2. 6 The arbitrator in the Pugliese matter, however, did not ...

docket:	a1012-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-19
status:	published
citation:	440 N.J.Super. 501 114 A.3d 786
Document Size:	45464

4 FELICIA PUGLIESE v. STATE-OPERATED SCHOOL DISTRICT OF THE CITY OF NEWARK -- rank: 918

... or (4) the district's actions were arbitrary and capricious. [ N.J.S.A. 18A:6-17.2. (emphasis added.)] Pursuant to TEACHNJ, the arbitrator must therefore determine ... from basing his review on the four factors designated in N.J.S.A. 18A:6-17.2. 6 The arbitrator in the Pugliese matter, however, did not ...

docket:	a0857-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-19
status:	published
citation:
Document Size:	45293

5 LARHONDA RAGLAND v. BOARD OF EDUCATION OF THE CITY OF NEWARK ESSEX COUNTY -- rank: 808

... or (4) the district's actions were arbitrary and capricious. [N.J.S.A. 18A:6-17.2(a).] If the teacher is able to prove any of ... favor of the board and the [teacher] shall be dismissed.' N.J.S.A. 18A:6-17.2(b); see also Yarbrough v. State Operated School Dist., 455 ... action plan was deficient for failing to include same. However, N.J.S.A. 18A:6-17.2(a) unequivocally limits the arbitrator to determining whether a district ...

docket:	a0430-19
court:	NJ Superior Court Appellate Division
decided:	2021-02-04
status:	Unpublished
citation:
Document Size:	25978

6 LEONARD YARBOROUGH v. STATE OPERATED SCHOOL DISTRICT OF THE CITY OF NEWARK, ESSEX COUNTY -- rank: 766

... 3. The provisions include a limited scope of issue-review, N.J.S.A. 18A:6-17.2(a), (b) and (c); a specified burden of proof imposed on a board of education, N.J.S.A. 18A:6-17.2(d); and a specified time frame for hearing and rendering a written decision, N.J.S.A. 18A:6-17.2(e). Given the strictures imposed on inefficiency arbitrations, we conclude ... assessment of teaching evaluations, see 7 A-1343-16T 4 N.J.S.A. 18A:6-17.2(a)(1) to (2), -17.2(b), -17.3; the ...

docket:	a1343-16
court:	NJ Superior Court Appellate Division
decided:	2018-06-08
status:	published
citation:	455 N.J.Super. 136 188 A.3d 359
Document Size:	38357