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COMMUNICATIONS WORKERS v. FLORIO

130 N.J. 439 (1992)

617 A.2d 223

COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, AND ROBERT W. PURSELL, PLAINTIFFS-APPELLANTS, v. JIM FLORIO, IN HIS CAPACITY AS GOVERNOR, STATE OF NEW JERSEY, ANTHONY CIMINO, INDIVIDUALLY AND IN HIS CAPACITY AS COMMISSIONER, DEPARTMENT OF PERSONNEL, AND SAMUEL CRANE, INDIVIDUALLY AND IN HIS CAPACITY AS STATE TREASURER, DEFENDANTS-RESPONDENTS. JOHN HARTMANN, DICK LAROSSA, PETER INVERSO, PAUL KRAMER, ROBERT SINGER, MELVIN COTTRELL, AND BARBARA WRIGHT, PLAINTIFFS-APPELLANTS, v. JIM FLORIO, IN HIS CAPACITY AS GOVERNOR, STATE OF NEW JERSEY, ANTHONY CIMINO, INDIVIDUALLY AND IN HIS CAPACITY AS COMMISSIONER, DEPARTMENT OF PERSONNEL, AND SAMUEL CRANE, INDIVIDUALLY AND IN HIS CAPACITY AS STATE TREASURER, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided December 29, 1992.

Attorney(s) appearing for the Case

Steven P. Weissman argued the cause on behalf of appellants Communications Workers of America, AFL-CIO and Robert W. Pursell.

Michael T. Hartsough argued the cause for appellant Dick LaRossa (Hartsough, Kenny, Innes & Kline, attorneys).

Angelo J. Onofri argued the cause for appellants John Hartmann, et al. (McCarthy and Schatzman, attorneys).

Robert J. Del Tufo, Attorney General of New Jersey, argued the cause for respondents (Robert J. Del Tufo, attorney; Edward J. Dauber, Executive Assistant Attorney General, of counsel; Joseph L. Yannotti, Jack M. Sabatino, and Mark J. Fleming, Assistant Attorneys General, Bertram P. Goltz, Jr., Donald M. Palombi, Carol A. Blasi, June K. Forrest, and Lewis A. Scheindlin, Deputy Attorneys General, on the briefs).

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

These joint appeals arise from lawsuits raising identical issues that challenge the Governor's refusal to implement employee layoffs in the manner mandated by the Legislature in the 1993 Fiscal Year Appropriations Act, L. 1992, c. 40 (the "Appropriations Act" or the "Act"), as amended by Senate Bill 996, L. 1992, c. 99, (the "Appropriations Amendments" or "Senate Bill 996"). Unlike...

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