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KACZMAREK v. NEW JERSEY TURNPIKE AUTHORITY

77 N.J. 329 (1978)

390 A.2d 597

WALTER A. KACZMAREK, JR., CHARGING PARTY-APPELLANT, v. NEW JERSEY TURNPIKE AUTHORITY, NEW JERSEY TURNPIKE EMPLOYEES' UNION, LOCAL 194, IFPTE, AFL-CIO, RESPONDENTS-RESPONDENTS, AND PUBLIC EMPLOYMENT RELATIONS COMMISSION OF THE STATE OF NEW JERSEY, RESPONDENT.

The Supreme Court of New Jersey.

Decided August 7, 1978.

Attorney(s) appearing for the Case

Mr. Ronald J. Nelson argued the cause for appellant (Messrs. Craner and Nelson, attorneys; Mr. Nelson and Ms. Elizabeth A. Truly, on the brief).

Mr. Victor J. Parsonnet argued the cause for respondent New Jersey Turnpike Employees' Union, IFPTE, AFL-CIO (Messrs. Parsonnet, Parsonnet and Dugan, attorneys).

Mr. Bernard M. Reilly argued the cause for respondent New Jersey Turnpike Authority.

Mr. Sidney H. Lehmann submitted a statement in lieu of a brief on behalf of the Public Employment Relations Commission.

The opinion of the court was delivered by HANDLER, J.

The Public Employer-Employee Relations Act, N.J.S.A. 34:13A-1 et seq., requires that an unfair practice charge be filed with the Public Employment Relations Commission (PERC), within six months after the alleged unfair practice occurred unless the charging party "* * * was prevented from filing such charge." N.J.S.A. 34:13A-5.4(c). The appellant filed unfair practices charges beyond the statutory...

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