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BURL. CTY. EVERGREEN PK. MENTAL HOSP. v. COOPER

56 N.J. 579 (1970)

267 A.2d 533

BURLINGTON COUNTY EVERGREEN PARK MENTAL HOSPITAL, APPELLANT, v. DOROTHY COOPER AND THE PUBLIC EMPLOYMENT RELATIONS COMMISSION, AN AGENCY OF THE STATE OF NEW JERSEY, RESPONDENTS.

The Supreme Court of New Jersey.

Decided July 24, 1970.

Attorney(s) appearing for the Case

Mr. Frank X. McDermott argued the cause for appellant (Messrs. Richard F. Powell, Jr., and Sanford Soren, on the brief; Messrs. Apruzzese and McDermott, attorneys).

Mr. Stephen F. Lichtenstein argued the cause for respondent Cooper (Mr. Paul G. Levy, on the brief; Messrs. Coleman, Lichtenstein, Levy and Segal, attorneys).

Mr. Theodore A. Winard, Deputy Attorney General, argued the cause for respondent Public Employment Relations Commission (Mrs. Priscilla Read Chenoweth, Deputy Attorney General, on the brief; Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney).

Mr. Philip S. Carchman argued the cause for amicus curiae, New Jersey Civil Service Commission.

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

This case requires a review of the power granted to the New Jersey Public Employment Relations Commission under Chapter 303, L. 1968, N.J.S.A. 34:13A-1 et seq., with respect to the discharge from the public service of a "temporary" employee because she joined and assisted in the organizational work of a public employees' union.

A short summary of the facts as asserted by the employee...

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