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CITY OF NEWARK v. PBA LOCAL 3

272 N.J. Super. 31 (1994)

639 A.2d 333

IN THE MATTER OF THE CITY OF NEWARK, APPELLANT, v. PBA LOCAL 3, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 16, 1994.

Attorney(s) appearing for the Case

Michelle Hollar-Gregory, Corporation Counsel, attorney for appellant (Phillip Dowdell, Assistant Corporation Counsel, on the brief).

Zazzali, Zazzali, Fagella & Nowak, attorney for respondent (Paul L. Kleinbaum, of counsel; Tanya Pushnack Friedman, on the brief).

Robert B. Anderson, General Counsel, New Jersey Public Employment Relations Commission, attorney for respondent New Jersey Public Employment Relations Commission; Don Horowitz, Deputy General Counsel, on the brief).

Before Judges COLEMAN, MUIR, Jr., and THOMAS.

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

This case revisits Newark's attempt to enforce its municipal residency ordinance respecting civilian employees. The issue is whether a residency requirement is mandatorily negotiable. Newark appeals a final decision of the Public Employment Relations Commission (PERC) holding that the City's Preliminary Notices of Disciplinary Actions against three civilian employees in the Police Department, based on violations...

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