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• W212499134 abstract "ON THURSDAY, 29 November 2001, in early morning hours, contract negotiations between school board and teachers' association in Middletown, New Jersey, broke off. The association immediately initiated a strike, effective with start of school day. Later that same morning, school board filed in state court for a temporary restraining order. That afternoon, after hearing both sides' arguments, judge entered an for teachers to cease and desist from their unlawful work stoppage and return to The next day, when teachers stayed out on strike, school board filed and court granted a motion ordering association to show cause why teachers should not be forced to comply with injunction. During weekend, board arranged for serving of subpoenas to striking teachers. On Monday morning, after hearing each party's arguments, judge announced his decision, and he issued his formal opinion later that week.1 In first part of his opinion, judge roundly rejected association's argument that state legislature's creation of Public Employment Relations Commission and certain recent appellate court decisions in New Jersey had eroded state's long-standing judicial ruling that public employee strikes were illegal. Quite contrary, judge found no jurisdictional preemption of inherent judicial injunctive authority and no change in common law prohibition of public employee strikes. The judge then proceeded to central issue -- what would be appropriate penalty if teachers refused to comply with his return- to-work order? At one extreme, he rejected monetary sanctions as being ineffective, based on prior cases in New Jersey. At other extreme, court declined to test whether treating striking teachers as having effectively resigned their jobs by not obeying return-to- work would be in violation of state's teacher tenure law. Rather, judge ruled that, in this case, incarceration of teachers who willfully and inexcusably defied this court's order would have sufficient 'sting.' Reminding any teachers who would find themselves in jail that they carried keys to their release in their own pockets, he clarified that to be set free, they need only comply with simple requirement of stating under oath a desire to return to work. Finally, in light of the 'spin' and misinformation parties had previously presented to public via media, judge ordered that association, at its own expense, make court's opinion available to all employees, students, and parents who requested it and that it disseminate notice of option of avoiding jail. On that Monday afternoon, judge individually heard cases of initial small group of notified teachers, who were called in alphabetical order. He incarcerated those who did not have a justifiable excuse for not reporting to Starting on next day, after these initial incarcerations did not halt strike, he proceeded to conduct -- with three other judges joining effort on Wednesday -- individual incarceration hearings for remaining teachers, in alphabetical order, until 228 were in jail. On Friday, December 7, faced with prospect of spending weekend in jail, teachers agreed to return to work, with parties agreeing to a court-approved process for resolving negotiations. More specifically, judge appointed a jointly selected fact finder, or advisory arbitrator, who was former dean of Seton Hall Law School. The fact finder made a proposal that association initially rejected but, after board agreed to it, eventually accepted. The parties then became mired in deciding on a salary schedule, with board favoring allocating more money at initial levels and association arguing for weighting toward top levels. …" @default.
• W212499134 created "2016-06-24" @default.
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• W212499134 date "2003-02-01" @default.
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• W212499134 title "COURTSIDE: Striking Results" @default.
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