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Association of New Jersey State College Faculties, Inc. v. Dungan

316 A.2d 425, 64 N.J. 338 (1974)

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Association of New Jersey State College Faculties, Inc. v. Dungan

New Jersey Supreme Court
316 A.2d 425, 64 N.J. 338 (1974)

  • Written by Mike Begovic, JD

Facts

New Jersey state law required public employers and employees to meet and negotiate in good faith with respect to terms and conditions of employment. In September 1972, the New Jersey Board of Higher Education (the board) (defendant) adopted a resolution containing guidelines for the granting of tenure to faculty members at state colleges. The overall purpose and intended effect were to rein in tenure. The guidelines directed state colleges to, among other things, establish policies indicating that they would impose restrictions or adopt more intensive review procedures for any reappointment that had the effect of increasing the overall rate of tenure. The guidelines followed a recommendation made by the Department of Higher Education. The Association of New Jersey State College Faculties, Inc. (the union) (plaintiff), a union representing faculty members at state colleges, challenged the guidelines on the ground that they were adopted without collective bargaining. A similar lawsuit brought by representatives of county colleges ensued after guidelines of the same nature were adopted. The cases were consolidated in the appellate division, and while the cases were awaiting argument, the New Jersey Supreme Court certified.

Rule of Law

Issue

Holding and Reasoning (Jacobs, J.)

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