PATERSON POLICE PBA v. CITY OF PATERSON


87 N.J. 78 (1981)

432 A.2d 847

IN THE MATTER OF PATERSON POLICE PBA LOCAL NO. 1, RESPONDENT, v. CITY OF PATERSON, APPELLANT.

The Supreme Court of New Jersey.

Decided July 16, 1981.


Attorney(s) appearing for the Case

James A. Farber, Assistant Corporation Counsel, argued the cause for appellant (Henry Ramer, Corporation Counsel, attorney).

David W. Carroll, General Counsel, argued the cause for amicus curiae New Jersey School Boards Association.

Mark C. Rushfield argued the cause for respondent (Mr. Rushfield, attorney; Mr. Rushfield and John A. Craner, on the briefs).

Sidney H. Lehmann, General Counsel, argued the cause for respondent Public Employment Relations Commission (Mr. Lehmann, General Counsel, attorney; Mr. Lehmann and James F. Schwerin, Deputy General Counsel, on the briefs).

Barry H. Evenchick argued the cause for amicus curiae New Jersey State Policemen's Benevolent Association (Mr. Evenchick, attorney, James R. Zazzali, and Dennis J. Alessi, of counsel; Mr. Evenchick, Mr. Zazzali, Mr. Alessi and J. Sheldon Cohen, on the briefs).

Erminie L. Conley, Assistant Attorney General, argued the cause for amicus curiae State of New Jersey (Judith A. Yaskin, Acting Attorney General of New Jersey, attorney).


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

In this case we address a question left undecided in Ridgefield Park Ed. Ass'n v. Ridgefield Park Bd. of Ed., 78 N.J. 144 (1978), and Bd. of Ed. of Woodstown-Pilesgrove v. Woodstown-Pilesgrove Regional Ed. Ass'n, 81 N.J. 582, 588 n. 1 (1980), namely, whether and to what extent a permissive category...

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