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UNION CTY. BD. OF ED. v. UNION CTY. TEACH. ASSN.

145 N.J. Super. 435 (1976)

368 A.2d 364

UNION COUNTY REGIONAL HIGH SCHOOL BOARD OF EDUCATION, RESPONDENT-APPELLANT, v. UNION COUNTY REGIONAL HIGH SCHOOL TEACHERS ASSOCIATION, INC., PETITIONER-RESPONDENT. CRANFORD BOARD OF EDUCATION, RESPONDENT- APPELLANT, v. CRANFORD EDUCATION ASSOCIATION, PETITIONER-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 10, 1976.

Attorney(s) appearing for the Case

Mr. Irwin Weinberg argued the cause for appellants (Messrs. Weinberg, Manoff and Dietz, attorneys; David Paul Ericksen on the brief).

Mr. Gerald M. Goldberg argued the cause for respondents Union County Regional High School Teachers Association, Inc. and Cranford Education Association (Messrs. Goldberg, Simon & Selikoff, attorneys; Gerald M. Goldberg and Louis P. Bucceri on the brief).

Mr. David A. Wallace argued the cause for respondent Public Employment Relations Commission.

Mr. John T. Barbour argued the cause on behalf of amicus curiae, New Jersey School Boards Association (Mr. William J. Zaino and John T. Barbour, attorneys).

Before Judges HALPERN, ALLCORN and BOTTER.

PER CURIAM.

Whatever may be the breadth of the authority of P.E.R.C. under N.J.S.A. 34:13A-1 et seq. it does not extend to a grant of the power to compel a public employer to negotiate upon the subjects here in dispute, which the Legislature has expressly and by clear implication delineated by statute.

Consequently, where, as here, local boards of education have determined to reduce their personnel under N.J.S.A. 18A:28-9 and to accomplish...

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