Headen v. Jersey City Board of Education

Plaintiff Valeria Headen worked on a full-time ten-month basis as a food service worker for defendant Jersey City Board of Education (Board). She filed a complaint against the Board in 2009 alleging that because the District is governed by the provisions of the Civil Service Act (Act), she and potential class members were entitled to vacation leave under its provisions. Those provisions grant vacation leave to full-time "political subdivision employees" based on years of service, and they direct that a proportionate amount of leave be provided for part-time employees. Plaintiff's terms and conditions of employment were governed by a collectively negotiated agreement (CNA). Under the CNA, Headen and her fellow ten-month employee class members were classified as salaried employees. After discovery was completed, Headen filed a motion for partial summary judgment, and the Board filed a cross-motion for summary judgment. The trial court granted the Board's motion and denied Headen's motion. The Appellate Division affirmed, holding that provisions of the Act (N.J.S.A. 11A:6-3) did not apply to full-time ten-month school district employees. It reasoned that the term "political subdivision" in the vacation leave provision did not include school districts, and it concluded that laws addressing vacation leave in Title 18, suggested that the Legislature did not intend for Title 11A, Chapter 6 to apply to school district employees. Upon review on appeal, the Supreme Court concluded that the Act's paid vacation leave provisions applied to career service, non-teaching staff employees of school districts that have opted to be part of the civil service system, including ten-month employees such as plaintiff Valeria Headen. "Because the Act and its implementing regulations establish a floor for the amount of leave to be provided to such employees and a collectively negotiated agreement provided Headen with more than the minimum paid vacation leave to which she was entitled under the Act, her claims were properly dismissed." View "Headen v. Jersey City Board of Education" on Justia Law