In a case of first impression before the Courts of New Jersey, the Appellate Division of the Superior Court held that an arbitrator who is assigned to hear a tenure case assigned to him by the Commissioner of Education, cannot “demote” an Assistant Principal” to a teaching position. The Statute pertaining to Tenure allows for an additional suspension, withholding of an increment or the loss of a tenure, but does not permit an Arbitrator to demote an employee. Therefore, Ms. Sanjuan who has been a teacher for the past 1.5 years must be returned to her position as an Assistant Principal. Evan Goldman, the attorney handling this matter argued the case and the result represents a huge win for teaches and administrators in the State of New Jersey.” Read more
