Warren County Technical School board wins court ruling over employee union

Saturday, September 12, 2009
By BILL WICHERT
The Express-Times

FRANKLIN TWP. | The Warren County Technical School Board has scored a point in its ongoing dispute with the leader of the employees union.

The board announced Friday it secured court approval to prohibit continued arbitration of a conflict with Edward Yarusinsky, president of the Warren Tech Education Association. The court's decision came a few months after the union president sued the school board over a separate issue.

The association filed a grievance on Yarusinsky's behalf in October 2008 after the school board chose another district employee over Yarusinsky to serve as varsity cross country coach last school year. Yarusinsky had served as coach in 2007-08.

The association took the matter to arbitration, but New Jersey Superior Court Judge Allison Accurso in July accepted the school board's arguments and ordered to permanently restrain the arbitration.

Because coaching positions are nontenured, the school board reserves the right to make the final decision on appointments, Warren Tech Chief School Administrator Robert Glowacky said. The school board argued that such decisions can't be taken to arbitration.

"We have to be able to give directives and have them followed, and we make the decisions," Glowacky said. "Teachers don't understand that they work for a board of education. Some people just can't get used to taking direction."

Yarusinsky said Friday he maintains that his removal as coach was an act of retaliation. The judge might have ruled on the question of arbitration rights, but she made no decision on whether he was removed for union activities, Yarusinsky said.

"My attorney will determine whether to pursue the arbitration further," he said.

Yarusinsky referred additional questions to his attorney, Sanford Oxfeld. Oxfeld did not return a call for comment.

A social studies teacher, Yarusinsky has sued the school board and two board members for allegedly defaming him during the previous round of contract negotiations.

Glowacky said Yarusinsky was not renewed as part of an overhaul of the school's athletic program, where friction existed between coaches. The distribution of equipment became an issue and questions of favoritism were raised, Glowacky said.

A new athletic director was hired and only two of about 10 coaches were returned to their positions, Glowacky said.

"It wasn't zeroed in on any one person," he said. "We changed the sports program."