COMMUNICATIONS WORKERS v. UNION CTY. WELFARE BD.


126 N.J. Super. 517 (1974)

315 A.2d 709

COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, PLAINTIFF, v. UNION COUNTY WELFARE BOARD ET AL., DEFENDANTS. COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, PLAINTIFF, v. ESSEX COUNTY WELFARE BOARD ET AL., DEFENDANTS. ESSEX COUNTY WELFARE BOARD ET AL., PLAINTIFFS, v. STATE OF NEW JERSEY, DEPARTMENT OF INSTITUTIONS AND AGENCIES ET AL., DEFENDANTS. PUBLIC EMPLOYEES SUPERVISORS UNION, AFFILIATED WITH LOCAL 723, INTERNATIONAL BROTHERHOOD OF TEAMSTERS ET AL., PLAINTIFF, v. STATE OF NEW JERSEY, DEPARTMENT OF INSTITUTIONS AND AGENCIES ET AL., DEFENDANTS. PASSAIC COUNTY WELFARE BOARD ET AL., PLAINTIFFS, v. ROBERT L. CLIFFORD ET AL., DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 13, 1974.


Attorney(s) appearing for the Case

Mr. Sidney Reitman argued the cause for appellant Communications Workers of America, AFL-CIO (Messrs. Kapelsohn, Lerner, Leuchter, Reitman & Maisel, attorneys).

Mr. Howard A. Goldberger argued the cause for appellants Public Employees Supervisors Union, Affiliated with Local 723, International Brotherhood of Teamsters; Teamsters Local 97 of the New Jersey, etc., and Employees of the Passaic County Welfare Association (Messrs. Goldberger, Siegel & Finn, attorneys).

Mr. William H. Sheil argued the cause for appellant Essex County Welfare Board (Mr. Joseph E. Cohen, attorney).

Mr. Ronald A. Breslow argued the cause for appellant Passaic County Welfare Board.

Mr. Richard F. Powell, Jr. argued the cause for respondent Union County Welfare Board (Mr. Edmund J. Tucker, attorney).

Mr. Theodore A. Winard, Assistant Attorney General, argued the cause for respondents Department of Institutions and Agencies, Division of Public Welfare, and Governor's Office of Employee Relations (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney; Mr. Stephen Skillman, First Assistant Attorney General, of counsel; Ms. Joan W. Murphy, Deputy Attorney General, on the brief).

Mr. Joseph J. Triarsi, Assistant County Counsel, filed statement in lieu of brief on behalf of the County of Union (Mr. Ralph V. Mancini, Union County Counsel).

Mr. John J. Harper filed a brief amicus curiae on behalf of County Welfare Directors Association of New Jersey.

Before Judges CARTON, SEIDMAN and DEMOS.


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

The common problem posed by these consolidated appeals is whether collective bargaining agreements made between duly certified representatives of county welfare board employees and their respective county welfare board employers are subject to approval by the Division of Public Welfare of the State Department of Institutions and Agencies (Division). Specifically challenged here are determinations of the Commissioner...

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