Warren Hills appeal denied

Supreme Court bows out. District must now decide what to do about bus companies and drivers.
Saturday, May 06, 2006By AL SLAVINThe Express-Times

The state Supreme Court will not review a lower court ruling that reinstated 15 Warren Hills Regional School District employees who were fired for joining a teachers union.

The school district had appealed a December appellate court ruling that stemmed from a May 2002 move to unionize 14 school bus drivers and a mechanic. The employees had voted to join the Warren Hills Education Association. A month later, the school board voted to fire the employees and hire Snyder Bus Service in what was described as a cost-saving move.

The state Supreme Court's refusal to hear the appeal -- issued April 28 -- ends the case.

John Zaiter, an attorney for the Warren Hills Regional School Board, said the only other step would be to ask the New Jersey Supreme Court to reconsider.

"That might be an exercise in futility," Zaiter said.

Zaiter said Warren Hills had an overriding interest in cutting costs. In this case, Zaiter said, the decision to privatize the bus operation saved the district about $239,000 a year. While the board contended it was in the public's best interest, the Public Employment Relations Commission determined the move was vindictive. The commission's decision was affirmed at the appellate level.

"I really felt this was an anti-union action," said Pam Niles, field representative for the Warren Hills Education Association. "There was no doubt on my mind. They did something that was perfectly legal and they ended up out of a job."

Niles said the fired employees should qualify for items that would have been covered under their employment with the school district including back pay, medical insurance costs and four years of pension contributions to the state retirement system.

Zaiter said the school must now decide whether to cancel or simply not renew contracts with Snyder Transportation and Laidlaw Transportation.

"We have to resolve what they're owed and their reinstatement, if they want it," Zaiter said.


Reporter Al Slavin can be reached at 610-258-7171 or by e-mail at aslavin@express-times.com.
© 2006 The Express-Times. Used with permission.

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