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LOCAL 1804 INT'L LONGSHOREMEN'S, ETC. v. WATERFRONT COM'N OF N.Y.

85 N.J. 606 (1981)

428 A.2d 1283

LOCAL 1804, INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, AFL-CIO, LOCAL 1804-1, INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, AFL-CIO, AND JAMES CASHIN, PLAINTIFFS-APPELLANTS, v. WATERFRONT COMMISSION OF NEW YORK HARBOR, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided April 15, 1981.

Attorney(s) appearing for the Case

Gerald D. Miller argued the cause for appellants (Miller, Hochman, Meyerson & Schaeffer, attorneys for Local 1804, etc., et al. and John P. Russell, attorney for James Cashin).

Gerald P. Lally argued the cause for respondent (Gerald P. Lally, attorney; David B. Greenfield, of counsel and on the brief).

Lafianza, Aurigemma & Slaff submitted a brief on behalf of amicus curiae International Longshoremen's Association, AFL-CIO (Lafianza, Aurigemma & Slaff, attorneys; Thomas W. Gleason and Gary G. Nicolosi, members of the New York bar, of counsel).

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

The issue on this appeal is whether the term "convicted" as used in section 8 of the Waterfront Commission Act, N.J.S.A. 32:23-80 and 80.2, means upon conviction by a trial court or after exhaustion of appellate review.

Section 8, in relevant part, prohibits a person who has been convicted of certain crimes, including a high misdemeanor, from serving as an officer of a labor organization. It prohibits...

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