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CITY OF HACKENSACK v. WINNER

162 N.J. Super. 1 (1978)

392 A.2d 187

CITY OF HACKENSACK, APPELLANT AND CROSS-RESPONDENT, v. RICHARD WINNER, NICHOLAS SARAPUCHIELLO, WILLIAM KREJSA, RESPONDENTS, AND THE PUBLIC EMPLOYMENT RELATIONS COMMISSION, RESPONDENT AND CROSS-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Reargued May 9, 1978.

Decided July 31, 1978.

Attorney(s) appearing for the Case

Mr. James P. Granello argued the cause for appellant and cross-respondent (Messrs. Murray, Meagher & Granello, attorneys; Mr. Robert Emmet Murray, Mr. Robert J. Hrebek and Mr. John Paul Dizzia on the briefs).

Mr. David Solomon argued the cause for respondents Sarapuchiello and Krejsa (Messrs. Schneider, Cohen & Solomon, attorneys).

Mr. Sidney H. Lehmann, General Counsel, Public Employment Relations Commission, argued the cause for respondent and cross-appellant (Mr. Don Horowitz on the brief).

Mrs. Erminie L. Conley, Deputy Attorney General, argued the cause for amicus curiae Civil Service Commission (Mr. John J. Degnan, Attorney General of New Jersey, attorney for amicus curiae Civil Service Commission; Mr. Stephen Skillman, Assistant Attorney General, of counsel).

Before Judges LYNCH, KOLE and PETRELLA.

The opinion of the court was delivered by PETRELLA, J.S.C. (temporarily assigned).

This is an appeal from an unfair labor practice decision of the Public Employment Relations Commission (PERC) that the City of Hackensack violated N.J.S.A. 34:13A-5.4a(1) and (3) (essentially for anti-union animus) in failing to promote two fire fighters, respondents Nicholas Sarapuchiello and William Krejsa (hereinafter sometimes referred to as the charging parties), to the...

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