Court to rule on benefits Part-time teachers say Alpha must provide health insurance. Tuesday, September 12, 2006 • By DANIEL HAUSMANN • The Express-Times TRENTON | The state Supreme Court is set to decide whether part-time teachers in Alpha are entitled to health benefits. Alpha School District attorney Richard Bauch said a ruling against the school could lead to a domino effect where the district provides benefits not only to part-time employees, but teacher aides as well. In July 2005, the appellate court reversed the arbitrator's decision based on the timeliness of the grievance in favor of the district. The teachers union petitioned the Supreme Court to weigh in and judges heard oral arguments from each side Monday. The case extends back to a 1999 disagreement between school officials, a part-time employee and the Alpha Education Association. Bauch said the employee thought she was entitled to health benefits because she worked 26 hours per week. Bauch said written notice from the district told the employee that the minimum requirement was 32 hours. "It's unclear what the minimum was," Bauch said. New Jersey Education Association staff member Pamela Niles worked with the Alpha teachers and said the district arbitrarily raised the minimum hours from 20 per week. "That's supposed to be negotiated," Niles said. Niles said the association held back on filing a grievance because it was negotiating a new contract with the district at the time. The association and board were unable to resolve the issue at the negotiating table. In 2002, the union filed a grievance over how the minimum hours were determined. An arbitrator ruled in favor of the teachers. Bauch said the contract gave the union seven days from the time of the incident to file a grievance. "Everyone agreed the grievance was untimely," Bauch said. Niles and association attorney Gail Kanef said what happened was a continuing violation and could be filed at any time. "The appropriate action is to defer to the expertise of the arbitrator," Kanef said. "We don't think the court should interfere." Niles said if the court rules in the teachers' favor, the union would seek reimbursement for part time employee's health care costs dating back to when the grievance was filed. Bauch said depending on the court's decision it could take two to four weeks for the case to be resolved. Reporter Daniel Hausmann can be reached at 610-258-7171 or by e-mail at dhausmann@express-times.com. © 2006 The Express-Times. Used with permission.