BLOOMFIELD EDUCATION ASSOCIATION V. BOARD OF EDUCATION OF THE TOWNSHIP OF BLOOMFIELD, ESSEX COUNTY, 12/22/08, (#490-08)

#490-08 (OAL Decision: http://lawlibrary.rutgers.edu/oal/html/initial/edu11979-08_1.html)
BLOOMFIELD EDUCATION ASSOCIATION, 	:
PETITIONER, 	: 	COMMISSIONER OF EDUCATION
V. 	: 	DECISION
BOARD OF EDUCATION OF THE TOWNSHIP 	:
OF BLOOMFIELD, ESSEX COUNTY,
:
RESPONDENT.
:
SYNOPSIS
Petitioning 	education 	association 	challenged 	the 	respondent 	Board’s 	alleged 	unilateral
acceleration of designated retirement or resignation dates on behalf of seven teachers, seeking
back pay and reimbursement of unpaid medical expenses.
The ALJ found that: the Board violated its contractual obligations by accelerating the accepted
resignation/retirement dates of four of the claimants, but acted lawfully in waiving compliance
with the sixty-day notice requirement and processing early resignations at the request of the
remaining three claimants. The ALJ ordered that the Board pay two of the four claimants whose
retirement date was unilaterally accelerated – because they were twelve-month employees who
would have been paid during the summer – whatever salary they would have received during the
60-day contractual term of their notice; he further ordered the Board to reimburse all four of
these claimants for verified medical, dental and prescription drug expenses incurred during the
portion of the 60-day notice period when their health insurance was cancelled, with the amount
capped for each claimant at the cost of continuing health insurance coverage under COBRA plus
any co-payments for which the claimant would have been responsible had such insurance
remained in effect. All other relief requested by petitioner was denied.
The Commissioner adopted the Initial Decision as the final decision in this matter.
This synopsis is not part of the Commissioner’s decision. It has been prepared for the convenience of the
reader. It has been neither reviewed nor approved by the Commissioner.
December 22, 2008

OAL DKT. NO. EDU 11979-08
AGENCY DKT. NO. 304-9/04
BLOOMFIELD EDUCATION ASSOCIATION, 	:
PETITIONER, 	: 	COMMISSIONER OF EDUCATION
V. 	: 	DECISION
BOARD OF EDUCATION OF THE TOWNSHIP 	:
OF BLOOMFIELD, ESSEX COUNTY,
:
RESPONDENT.
:
The record of this matter and the Initial Decision of the Office of Administrative
Law (OAL) have been reviewed. No exceptions were filed by the parties.
Upon review, the Commissioner finds the Administrative Law Judge to have fully
and fairly considered the facts in light of applicable law, correctly determined the entitlements of
each of the individual claimants represented by the petitioning Association, and ordered
appropriate relief based upon such entitlements.
Accordingly, the Initial Decision of the OAL is adopted, in its entirety, as the
final decision in this matter.
IT IS SO ORDERED.*
COMMISSIONER OF EDUCATION
Date of Decision: 	December 22, 2008
Date of Mailing: 	December 22, 2008
* This decision may be appealed to the Appellate Division of the Superior Court pursuant to P.L. 2008, c. 36.