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GALLOWAY TP. BD. OF ED. v. GALLOWAY TP. ASS'N OF ED. SEC.

78 N.J. 1 (1978)

393 A.2d 207

GALLOWAY TOWNSHIP BOARD OF EDUCATION, RESPONDENT-RESPONDENT, v. GALLOWAY TOWNSHIP ASSOCIATION OF EDUCATIONAL SECRETARIES, CHARGING PARTY-APPELLANT.

The Supreme Court of New Jersey.

Decided August 1, 1978.

Attorney(s) appearing for the Case

Mr. James M. Blaney argued the cause for appellant (Messrs. Starkey, White and Kelly, attorneys).

Mr. Sidney H. Lehmann, General Counsel, argued the cause for appellant Public Employment Relations Commission (Mr. Lehmann, attorney; Mr. Don Horowitz, Deputy General Counsel, on the brief).

Mr. James P. Granello argued the cause for respondent (Messrs. Murray, Meagher and Granello, attorneys; Mr. Robert J. Hrebek, on the brief).

Messrs. Ruhlman and Butrym submitted a brief on behalf of amicus curiae New Jersey Education Association (Mr. Cassel B. Ruhlman, on the brief).

Messrs. Pellettieri and Rabstein submitted a brief on behalf of amicus curiae New Jersey State AFL-CIO (Mr. Ira C. Miller, on the brief).

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

Two significant issues of public employment labor relations are presented by this appeal. The first concerns the propriety of an award of back pay by the Public Employment Relations Commission (PERC) as a remedy in an unfair practice proceeding under the New Jersey Employer-Employee Relations Act (the Act), L. 1968, c. 303, as amended by L. 1974, c. 123, N.J.S.A. 34:13A-1 et...

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