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STATE TROOPERS FRATERNAL ASSOC. OF N.J., INC. v. STATE

149 N.J. 38 (1997)

692 A.2d 519

STATE TROOPERS FRATERNAL ASSOCIATION OF NEW JERSEY, INC., A CORPORATION OF THE STATE OF NEW JERSEY, WILLIAM M. SMITH, SCOTT D. FINA, MICHAEL D. COFIELD, DAVID D. MATTEI, DAVID S. GIORDANO, BLANE K. ELMER, STEPHEN M. MAYO, MICHAEL W. FEDERICO, MICHAEL J. DAVIS, DONALD E. MERKER, THERESA M. FOSTER, MICHAEL J. GORE AND DENNIS C. HILBERT, MICHAEL L. FREY, JEFFREY T. LUKAWSKI, BARRY HODGE, RAYMOND LOPEZ, FRANK GARCIA AND WESLEY ROBINSON, PLAINTIFFS-RESPONDENTS, v. THE STATE OF NEW JERSEY, ROBERT J. DEL TUFO, ATTORNEY GENERAL OF NEW JERSEY, NEW JERSEY DIVISION OF STATE POLICE AND JUSTIN J. DINTINO, SUPERINTENDENT OF STATE POLICE, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided April 24, 1997.

Attorney(s) appearing for the Case

Jaynee LaVecchia, Director, Division of Law, argued the cause for appellants (Peter G. Verniero, Attorney General; Mary C. Jacobson, Assistant Attorney General, of counsel; Carol Johnston, Deputy Attorney General, on the brief).

Joseph Licata argued the cause for respondents (Loccke & Correia, attorneys).

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

In this case, a group of former state troopers seeks to recover a retroactive pay adjustment under a collective-negotiations agreement that was reached with the State after the troopers had resigned in good standing. The agreement covered a period during which the troopers still had been employed. The former troopers claim that, because of an unwritten past practice of the State Police, the agreement provided for...

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