THOMAS M. BIASI, JR. V. BOARD OF EDUCATION OF THE MORRIS COUNTY VOCATIONAL SCHOOL DISTRICT, MORRIS COUNTY, 6/14/12, (#242-12)

#242-12 (OAL Decision: Not yet available online)
THOMAS BIASI, JR. 	:
:
PETITIONER,
:
V. 	COMMISSIONER OF EDUCATION
:
BOARD OF EDUCATION OF THE 	DECISION
MORRIS COUNTY VOCATIONAL 	:
SCHOOL DISTRICT, MORRIS COUNTY,
:
RESPONDENT.
:
SYNOPSIS
Petitioner 	– 	a 	tenured 	teacher 	with 	an 	instructional 	certificate 	in 	Skilled 	Trades –
Electricity/Electronics – asserted that the respondent Board’s action in terminating his employment
violated his tenure rights since the district hired or retained individuals who were non-tenured or
lacked seniority over him. 	Petitioner was employed by the Board from 1993 until 2010 as an
Electricity/Electronics Instructor; he received a reduction in force (RIF) letter in May 2010 informing
him that his contract would not be renewed due to low enrollment. Respondent Board contended that
it had considered the possibility of transferring petitioner to the position of Electrical Trades
Instructor, but determined that he was not authorized to teach in that position – which falls under
Construction Trades and requires a certificate in Electrical trades which petitioner does not possess.
The ALJ found, inter alia, that: petitioner was tenured in respondent’s district, and his last position
was 	that 	of 	Networking 	Instructor; 	petitioner’s 	endorsement 	of 	Skilled 	Trades –
Electricity/Electronics is no longer issued by the Department of Education, but the subject expertise
and skills previously included in this endorsement are now subsumed in the CIP Program Category
#47: Mechanic and Repair Technologies/Technician cluster, whereas the Electrical Trades Instructor
falls under the Construction Trades cluster, requires a certificate in Electrical trades and experience
as an electrical contractor, electrical wiring contractor, or electrician; 	petitioner does not possess
experience as an electrical contractor; petitioner’s background shows that his industry and teaching
experience is in electronics rather than electrical contracting; and petitioner lacked the proper
endorsement to teach the vacant electrical trades course. 	Accordingly, the ALJ concluded that
petitioner failed to establish that his seniority rights were violated because he was not qualified to
teach the electrical trades course.
Upon independent review, the Commissioner concurred with the ALJ’s findings and adopted the
Initial Decision of the OAL as the final decision in this matter. The petition was dismissed.
This synopsis is not part of the Commissioner’s decision. It has been prepared for the convenience of the reader. It
has been neither reviewed nor approved by the Commissioner.
June 14, 2012

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OAL DKT NO. EDU 8789-10
AGENCY DKT. NO. 157-7/10
THOMAS BIASI, JR. 	:
:
PETITIONER,
:
V. 	COMMISSIONER OF EDUCATION
:
BOARD OF EDUCATION OF THE 	DECISION
MORRIS COUNTY VOCATIONAL 	:
SCHOOL DISTRICT, MORRIS COUNTY,
:
RESPONDENT.
:
The 	record 	of 	this 	matter 	and 	the 	Initial 	Decision 	of 	the
Office of Administrative Law (OAL) have been reviewed. 	Petitioner’s exceptions and the
Board’s reply thereto – filed in accordance with the provisions of N.J.A.C. 1:1-18.4 – were fully
considered by the Commissioner in making his determination herein.
Petitioner’s exceptions essentially recast and reiterate his arguments advanced
before the Administrative Law Judge (ALJ) below. 	As it is determined that these were fully
considered and addressed in the Initial Decision, they will not be revisited here.
Upon full consideration, the Commissioner concurs with the ALJ – for the
reasons comprehensively detailed in her decision – that the petitioner has failed to sustain his
burden of establishing that, subsequent to his being riffed from his Networking Instructor
position on June 30, 2010 – the District violated his tenure and seniority rights as a consequence
of its refusal to employ him to teach the vacant electrical trades’ course, as petitioner lacked the
endorsement necessary to qualify him to teach such course.

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Accordingly, the recommended decision of the OAL is adopted as the final
decision in this matter and the instant petition of appeal is hereby dismissed.
IT IS SO ORDERED.*
ACTING COMMISSIONER OF EDUCATION
Date of Decision: June 14, 2012
Date of Mailing: 	June 14, 2012
* This decision may be appealed to the Appellate Division of the Superior Court pursuant to P.L. 2008, c. 36
(N.J.S.A. 18A:6-9.1).