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COMMUNICATIONS WORKERS OF AMERICA v. STATE

191 N.J. Super. 1 (1983)

465 A.2d 519

COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, JAMES SERRITELLA, AND STEPHEN RENDA, PLAINTIFFS-APPELLANTS, v. NEW JERSEY DEPARTMENT OF LABOR AND INDUSTRY, JOHN J. HORN, COMMISSIONER, NEW JERSEY CIVIL SERVICE COMMISSION, S. HOWARD WOODSON, JR., PRESIDENT, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 2, 1983.

Attorney(s) appearing for the Case

Jesse H. Strauss argued the cause for appellants (Reitman, Parsonnet, Maisel and Duggan, attorneys; Jesse H. Strauss, on the brief).

Mark J. Fleming, Deputy Attorney General, argued the cause for respondents (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Andrea M. Silkowitz, Deputy Attorney General, of counsel; Mark J. Fleming, on the brief).

Before Judges BISCHOFF, J.H. COLEMAN and GAULKIN.

PER CURIAM.

The crucial question raised by this appeal is whether N.J.A.C. 4:1-15.7 and N.J.A.C. 4:1-16.2 require all provisional and probationary employees of a State Agency to be discharged before permanent employees are exposed to a lateral transfer, demotion or layoff. The Civil Service Commission concluded that the provisional and probationary employees need not be discharged before "touching" the...

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