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New Jersey Herald
A veteran teacher and former president of Wallkill Valley Regional High School's teacher union is suing the Hardyston school, claiming he was hit with false tenure charges after he worked on a grievance that claimed the board of education violated the terms of the teachers' collective bargaining agreement.
James Marion, who had been employed at the grade nine through 12 school since January 2002, once had a friendly relationship with the school's superintendent David Carr but claims it went sour quick once he became president of the Wallkill Valley Education Association — enough so that his 20-year career and pension are now at risk of being forfeited.
The suit, filed last month in state Superior Court in Sussex County, claims Carr and the school's nine board of education members waged an illegal and continuing course of retaliation against him that violated his civil rights, causing him physical, emotional and financial distress and has hindered his efforts to find prospective employment.
Carr, board attorney Paul Griggs and Board of Education President Wayne McWilliams did not respond to requests for comment before deadline.
Marion, who previously served as vice president, secretary and representative of the teachers union, became president in November 2021, several months after the union began the process of filing a grievance against the board for purportedly violating a section of the negotiations agreement. The grievance claimed more than 45% of teachers during the 2021-2022 school year had been assigned six or more classes per day, which went against the terms of the contract.
The board was presented with the grievance on Nov. 17, 2021, denied it and followed by filing a request with the state Public Employment Relations Commission for arbitration, according to the suit.
Several months later, the suit states, Carr accused Marion and another union representative of being "toxic elements" and claimed they had lied about their knowledge of the arbitration process. Carr allegedly stated that the grievance had not been resolved because union representatives had not been transparent with the rest of the members.
Carr took his purported animus against Marion one step further in March by filing a report with the state child protection agency, claiming Marion had placed school children at risk of harm. Marion was placed on paid leave, but two months later, he said he was exonerated of any allegations, the suit states.
Despite his apparent exoneration, Marion said Carr filed sworn tenure charges against him in August, which is the process by a board of education to seek termination of a tenured teacher. The board certified the charges and as of Sept. 15, they are still pending review by the New Jersey Commissioner of Education.
Marion, who no longer works at Wallkill, could face partial or complete loss of his pension and revocation of his teaching licenses.
Marion says the retaliation by the superintendent and board of education for his activities as the union president is guarded under several articles of the New Jersey State Constitution, which protects those in public employment who organize and bargain collectively and present grievances and proposals through representatives of their choosing.
Marion, who had once served as advisor for the school's peer counseling, student council and the science league programs, also coached several sports and created the school's psychology curriculum during his tenure. Carr and Marion shared a good relationship in 2019 and 2020, with the lawsuit addressing several friendly conversations the men had via text messages.
Wallkill Valley Regional High School enrolled 590 students during the 2021-2022 school year and employed 52 teachers.
Lori Comstock can be reached on Twitter: @LoriComstockNJH, on Facebook: www.Facebook.com/LoriComstockNJH or by phone: 973-383-1194.