ELIZABETH FIRE OFFICERS v. CITY OF ELIZABETH


114 N.J. Super. 33 (1971)

274 A.2d 817

ELIZABETH FIRE OFFICERS ASSOCIATION, COMPLAINANT-RESPONDENT, v. CITY OF ELIZABETH, A MUNICIPAL CORPORATION, RESPONDENT-APPELLANT. ELIZABETH POLICE SUPERIOR OFFICERS ASSOCIATION, INC., PETITIONER-RESPONDENT, v. CITY OF ELIZABETH, A MUNICIPAL CORPORATION, RESPONDENT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 9, 1971.


Attorney(s) appearing for the Case

Mr. John R. Weigel argued the cause for appellant (Mr. Edward W. McGrath, city attorney for the City of Elizabeth).

Mr. Raymond S. Londa argued the cause for respondent Elizabeth Police Superior Officers Association, Inc. (Messrs. Londa and Londa, attorneys).

Mr. Theodore A. Winard, Deputy Attorney General, appeared on behalf of respondent Public Employment Relations Commission (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney).

Mr. Francis X. Hayes filed a brief amicus curiae on behalf of New Jersey League of Municipalities and New Jersey Institute of Municipal Attorneys.

Before Judges KILKENNY, HALPERN and LANE.


The opinion of the court was delivered by KILKENNY, P.J.A.D.

In these consolidated appeals the City of Elizabeth seeks to set aside decisions of the New Jersey Public Employment Relations Commission (PERC) and to have it ordered that (1) the appropriate negotiating unit for superior police officers excludes all officers holding the rank of Lieutenant, captain, deputy chief and chief, and (2) the appropriate negotiating unit for officers of the fire department excludes...

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