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LOCAL 518 v. DMV

262 N.J. Super. 598 (1993)

621 A.2d 549

LOCAL 518, NEW JERSEY STATE MOTOR VEHICLE EMPLOYEES UNION, S.E.I.U., AFL-CIO, PLAINTIFF-APPELLANT, v. DIVISION OF MOTOR VEHICLES AND DEPARTMENT OF PERSONNEL, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 16, 1993.

Attorney(s) appearing for the Case

Sanford R. Oxfeld argued the cause for appellant (Balk, Oxfeld, Mandell & Cohen, attorneys; Mr. Oxfeld, of counsel; Randi Doner, on the brief).

Philip H. Hopkins, Jr., Deputy Attorney General argued the cause for respondents (Robert J. Del Tufo, Attorney General, attorney; Alexander P. Waugh, Assistant Attorney General, of counsel; Mr. Hopkins, on the brief).

Before Judges BAIME and WALLACE.

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

The Civil Service Act (N.J.S.A. 11A:1-1 through:12-6) and its implementing regulations (N.J.A.C. 4A:4-1.1 through -7.12) provide generally that an appointing authority must select one of the three highest scoring eligible candidates from an open competitive or promotional examination. This provision is commonly known as the "rule of three" and is intended to guaranty the appointing authority an...

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