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LULLO v. INTERN. ASSOC. OF FIRE FIGHTERS

55 N.J. 409 (1970)

262 A.2d 681

ALFRED LULLO, INDIVIDUALLY AND AS PRESIDENT OF THE FIREMEN'S MUTUAL BENEVOLENT ASSOCIATION OF NEW JERSEY, BRANCH NO. 1, AN INCORPORATED ASSOCIATION, AND RICHARD WOOD, INDIVIDUALLY AND AS DELEGATE OF THE FIREMEN'S MUTUAL BENEVOLENT ASSOCIATION OF NEW JERSEY, BRANCH NO. 1, AN INCORPORATED ASSOCIATION, AND THE FIREMEN'S MUTUAL BENEVOLENT ASSOCIATION, BRANCH NO. 1, AN INCORPORATED ASSOCIATION OF THE STATE OF NEW JERSEY, PLAINTIFFS-APPELLANTS, v. INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 1066, A LABOR ORGANIZATION, THE CITY OF JERSEY CITY, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, AND THE NEW JERSEY PUBLIC EMPLOYEES RELATIONS COMMISSION, A COMMISSION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey..

Argued November 18, 1969.

Decided March 9, 1970.

Attorney(s) appearing for the Case

Mr. Abram A. Lebson argued the cause for appellants (Mr. Aaron Dines of counsel and on the brief; Messrs. Lebson & Prigoff, attorneys).

Mr. Theodore W. Geiser argued the cause for New Jersey Highway Authority, amicus curiae (Messrs. Pindar, McElroy, Connell, Foley & Geiser, attorneys).

Mr. David Friedland argued the cause for respondent International Association of Fire Fighters, Local 1066 (Messrs. Friedland, Schneider & Friedland, attorneys).

Mr. Francis X. Hayes, First Assistant Corporation Counsel argued the cause for respondent City of Jersey City (Mr. James F. Ryan, Corporation Counsel of City of Jersey City, attorney).

Mr. Theodore A. Winard, Deputy Attorney General, argued the cause for respondent Public Employment Relations Commission (Mr. Stephen Skillman, Assistant Attorney General, and Mr. John S. Fitzpatrick, Deputy Attorney General, on the Supplemental Brief; Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

The opinion of the court was delivered by FRANCIS, J.

In this action plaintiffs Lullo and Wood, individually and as officers of the plaintiff Firemen's Mutual Benevolent Association of New Jersey, Branch No. 1, attacked the constitutionality of L. 1968, c. 303, known as "New Jersey Employer-Employee Relations Act." N.J.S.A. 34:13A-1 et seq. The challenge was two pronged. One was directed at section 7 (N.J.S.A. 34:13A-5.3) of the Act which...

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