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PATROLMAN'S BENEV. ASSOC. v. TOWN OF MONTCLAIR

128 N.J. Super. 59 (1974)

319 A.2d 77

PATROLMAN'S BENEVOLENT ASSOCIATION OF MONTCLAIR, NEW JERSEY, LOCAL NO. 53, PLAINTIFF, v. TOWN OF MONTCLAIR, A MUNICIPAL CORPORATION, AND THEODORE MacLACHLAN, DIRECTOR OF DEPARTMENT OF PUBLIC SAFETY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided April 5, 1974.

Attorney(s) appearing for the Case

Mr. Andrew F. Zazzali, Jr. for plaintiff (Messrs. Zazzali and Zazzali, attorneys).

Mr. Frank X. McDermott for defendants (Messrs. Apruzzese & McDermott, attorneys).

ANTELL, J.S.C.

By its verified complaint plaintiff claims to be the representative "designated and selected" for all the police officers of the Town of Montclair for purposes of collective negotiation and seeks an order compelling defendant employer to negotiate in good faith as to terms and conditions of employment. The threshold question is whether plaintiff's disputed status as negotiating representative may be resolved by the court without a prior exhaustion of...

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