ROZENBLIT v. LYLES

A-41 September Term 2019 A-42 September Term 2019 083434.

243 A.3d 1249 (2021)

245 N.J. 105

Moshe ROZENBLIT, and Won Kyu Rim, Plaintiffs-Respondents/Cross-Appellants, v. Marcia V. LYLES, in her official capacity as Superintendent of the Jersey City Board of Education, Vidya Gangadin, in her official capacity as President of the Jersey City Board of Education, and Jersey City Public Schools of the City of Jersey City, Defendants, and Jersey City Board of Education, Defendant, and Jersey City Education Association, Inc., Defendant-Appellant/Cross-Respondent.

Supreme Court of New Jersey.

Decided February 3, 2021.


Attorney(s) appearing for the Case

Leon Dayan, of the California and District of Columbia bars, admitted pro hac vice, argued the cause for appellant/cross-respondent (Zazzali, Fagella, Nowak, Kleinbaum & Friedman, National Education Association, and Bredhoff & Kaiser, attorneys; Richard Friedman, Newark, Leon Dayan, Jason Walta, of the District of Columbia and Massachusetts bars, admitted pro hac vice, and John M. West, of the District of Columbia and Pennsylvania bars, admitted pro hac vice, on the briefs).

Jonathan Riches, of the Arizona bar, admitted pro hac vice, argued the cause for respondents/cross-appellants (Law Offices of G. Martin Meyers and Scharf-Norton Center for Constitutional Litigation at the Goldwater Institute, attorneys; Justin A. Meyers and Jonathan Riches, on the briefs).

Steven R. Cohen, Mount Laurel, argued the cause for amicus curiae New Jersey Education Association (Selikoff & Cohen and New Jersey Education Association, attorneys; Steven R. Cohen, Keith Waldman, Hop T. Wechsler, Daniel R. Dowdy, Mount Laurel, and Aileen O'Driscoll, Newark, on the brief).

Flavio L. Komuves, Newark, argued the cause for amici curiae Communications Workers of America, AFL-CIO, the American Federation of Teachers, AFL-CIO, the American Federation of State, County and Municipal Employees, AFL-CIO, the International Federation of Professional and Technical Employees, AFL-CIO and the Public Employee Committee of the New Jersey State AFL-CIO (Weissman & Mintz, attorneys; Flavio L. Komuves, Ira Mintz, Trenton, and Steven P. Weissman, on the brief).

Christine Lucarelli argued the cause for amicus curiae New Jersey Public Employment Relations Commission (New Jersey Public Employment Relations Commission, attorneys; Christine Lucarelli, on the brief).

Mark Miller argued the cause for amici curiae Pacific Legal Foundation and Americans for Prosperity-New Jersey (Pacific Legal Foundation, attorneys; Steven Simpson, of counsel, and Mark Miller, on the brief).

Sanford R. Oxfeld, Newark, submitted a brief on behalf of amici curiae East Orange Education Association and Wayne Education Association (Oxfeld Cohen, attorneys; Sanford R. Oxfeld and William P. Hannan, of counsel and on the brief).

Arnold Shep Cohen, Newark, submitted a brief on behalf of amicus curiae IFPTE, Local 195, AFL-CIO (Oxfeld Cohen, attorneys; Arnold Shep Cohen, of counsel and on the brief).


In this appeal, we consider statutory and constitutional challenges to provisions in a collective negotiations agreement (CNA) between the Jersey City School District (District) and the Jersey City Education Association (Association). The disputed provisions authorized two teachers, or "releasees...

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