COMMUNICATIONS WORKERS v. PUB. EMP. REL. COM'N


193 N.J. Super. 658 (1984)

475 A.2d 656

COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, APPELLANT, v. PUBLIC EMPLOYMENT RELATIONS COMMISSION AND CITY OF EAST ORANGE, RESPONDENTS. COUNTY OF ATLANTIC, APPELLANT, v. JERSEY NURSES ECONOMIC SECURITY ORGANIZATION, NEW JERSEY STATE NURSES ASSOCIATION, RESPONDENT. WILLINGBORO BOARD OF EDUCATION, APPELLANT, v. EMPLOYEES ASSOCIATION OF WILLINGBORO SCHOOLS, RESPONDENT. TOMS RIVER BOARD OF EDUCATION, APPELLANT, v. TOMS RIVER SCHOOLS BUS DRIVERS' ASSOCIATION, RESPONDENT. IN THE MATTER OF COUNTY OF MORRIS, APPELLANT, v. COUNCIL NO. 6, NEW JERSEY CIVIL SERVICE ASSOCIATION, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 24, 1984.


Attorney(s) appearing for the Case

Steven P. Weissman argued the cause for appellant Communications Workers of America, AFL-CIO (Thomas S. Adair, of counsel; Steven P. Weissman, on the brief).

Martin R. Pachman argued the cause for appellant County of Atlantic (William Wallen, on the brief).

Barbour & Costa, attorneys for appellant Willingboro Board of Education (John T. Barbour, on the brief).

Gelzer, Kelaher & Shea, attorneys for appellant Toms River Board of Education (J. Michael Hartnett, on the brief).

Armand L. D'Agostino, attorney for appellant County of Morris (John J. Harper, on the brief).

Jacob Green argued the cause for respondent City of East Orange (Green & Dzwilewski, attorneys; Roger B. Jacobs, on the brief).

Robert A. Fagella argued the cause for respondent Jersey Nurses Economic Security Organization, New Jersey State Nurses Association (Zazzali, Zazzali & Kroll, attorneys; James R. Zazzali, of counsel; Kenneth I. Nowak, on the brief).

Selikoff & Cohen, attorneys for respondent Employees Association of Willingboro Schools (Steven R. Cohen of counsel and on the brief).

Starkey, Kelly, Blaney & White, attorneys for respondent Toms River Schools Bus Drivers' Association (James M. Blaney, on the brief).

Dan Horowitz, Deputy General Counsel, Office of the General Counsel, Public Employment Relations Commission, filed a statement in lieu of brief on behalf of the Commission.

Before Judges MICHELS, KING and DREIER.


The opinion of the court was delivered by: DREIER, J.A.D.

This court has before it five appeals from scope determinations of the Public Employment Relations Commission (PERC), all raising similar issues. On the court's own motion the five above cases have been consolidated for the purpose of this opinion. Two cases were argued and three cases submitted on the briefs.

The issue before the Commission in all of...

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