MATTER OF NJ TRANSIT BUS OPERATIONS, INC.


233 N.J. Super. 173 (1989)

558 A.2d 483

IN THE MATTERS OF NJ TRANSIT BUS OPERATIONS, INC., NEW JERSEY TRANSIT CORPORATION AND AMALGAMATED TRANSIT UNION, NEW JERSEY COUNCIL; NJ TRANSIT MERCER, INC., NEW JERSEY TRANSIT CORPORATION AND UNITED TRANSPORTATION UNION, LOCAL 33 (PATERSON AND WARWICK DIVS.); NJ TRANSIT BUS OPERATIONS, NEW JERSEY TRANSIT CORPORATION AND TRANSPORT WORKERS UNION OF AMERICA, LOCAL 225.

Superior Court of New Jersey, Appellate Division.

Decided May 10, 1989.


Attorney(s) appearing for the Case

Malcolm A. Goldstein, of the New York bar, argued the cause pro hac vice for respondent Local 225, Transport Workers Union of America, AFL-CIO (Feintuch & Porwich, attorneys).

Zazzali, Zazzali, Fagella & Nowak, attorneys for respondent United Transportation Union, Local 33 (Paterson and Warwick Divisions); Robert A. Fagella, of counsel.

Jeffrey Burstein, Deputy Attorney General, argued the cause for appellants NJ Transit Bus Operations, Inc., NJ Transit Mercer, Inc. and New Jersey Transit Corporation (Peter N. Perretti, Jr., Attorney General, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel; Jeffrey Burstein and Harriet H. Miller, Deputy Attorneys General, on the brief).

Robert E. Anderson, General Counsel, argued the cause for respondent Public Employment Relations Commission.

Jeffrey Freund, of the District of Columbia bar, argued the cause pro hac vice for respondents The Amalgamated Transit Union, New Jersey Council, The Amalgamated Transit Union Div. 540 and The Amalgamated Transit Union, AFL-CIO (Reitman, Parsonnet, Maisel & Duggin and Weitzman & Rich, attorneys).

Before Judges GAULKIN, BILDER and R.S. COHEN.


The opinion of the court was delivered by GAULKIN, P.J.A.D.

In ruling on a series of scope of negotiation petitions filed by the bus operating subsidiaries of New Jersey Transit Corporation (NJT), the Public Employment Relations Commission (PERC) defined for NJT bus employees a scope of negotiations broader than that available to other public employees. NJT appeals.

I.

NJT was created by the Public Transportation Act of 1979 (PTA) to "provide for...

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