Commission Reaffirms Negotiability of School District Dress Code

By Ira W. Mintz, Esq.

Somerset Hills Board of Education and Somerset Hills Education Asssociation

In P.E.R.C. No. 2014-55, the Commission found that the school board violated its negotiations obligation by unilaterally modifying its dress code policies, including the implementation of a schedule of discipline for dress code violations.  The Commission also found that other aspects of the policies may be mandatorily negotiable or give rise to severable and negotiable consequences on negotiable terms and conditions of employment.  The case had been consolidated with an appeal to the Commissioner of Education and the Commission remanded the case to an Administrative Law Judge for further proceedings.

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