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AUTHORITY v. AM. FED. OF STATE

289 N.J. Super. 23 (1996)

672 A.2d 1244

IN THE MATTER OF NEW JERSEY TURNPIKE AUTHORITY, APPELLANT, v. AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, COUNCIL 73, RESPONDENT. NEW JERSEY TURNPIKE AUTHORITY, APPELLANT, v. AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, COUNCIL 73, LOCALS 3912 AND 3913, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 20, 1996.

Attorney(s) appearing for the Case

Schwartz, Tobia & Stanziale, attorneys for appellant in A-1646-93T5 (Frank R. Campisano and Joseph M. Campisano, on the brief).

Riker, Danzig, Scherer, Hyland & Perretti, attorneys for appellant in A-1302-94T5 (Michael K. Furey and James P. Anelli, on the brief).

Weissman & Mintz, attorneys for respondents in both appeals (Steven P. Weissman, on the briefs).

Robert E. Anderson, General Counsel, attorney for respondent Public Employment Relations Commission (Mr. Anderson, on the brief).

Deborah T. Poritz, Attorney General, attorney for Amicus Curiae State of New Jersey in A-1646-93T5 (Mary C. Jacobson, Assistant Attorney General, of counsel; Michael L. Diller, Sr., Deputy Attorney General, and Carol Johnston, Deputy Attorney General, on the brief).

Before Judges HAVEY, D'ANNUNZIO and CONLEY.

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

These consolidated appeals involve determinations by the Public Employment Relations Commission (PERC) certifying three separate collective negotiations units within the New Jersey Turnpike Authority (Authority) and in doing so rejecting, for almost all of the positions involved, the Authority's contention that the affected employees are either "managerial executives" or "confidential employees" as defined in...

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