TURNPIKE AUTHORITY v. AFSCME COUNCIL 73


150 N.J. 331 (1997)

696 A.2d 585

IN THE MATTER OF NEW JERSEY TURNPIKE AUTHORITY, APPELLANT-RESPONDENT, v. AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, COUNCIL 73, RESPONDENT-APPELLANT. NEW JERSEY TURNPIKE AUTHORITY, APPELLANT-RESPONDENT, v. AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, COUNCIL 73, LOCALS 3912, 3913 AND 3914, RESPONDENTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided July 14, 1997.


Attorney(s) appearing for the Case

Robert E. Anderson, General Counsel, argued the cause for appellant Public Employment Relations Commission.

Steven P. Weissman argued the cause for appellants American Federation of State, County and Municipal Employees, Council 73 and American Federation of State, County and Municipal Employees, Council 73, Locals 3912, 3913 and 3914 (Weissman & Mintz, attorneys).

Michael K. Furey argued the cause for respondent (Riker, Danzig, Scherer, Hyland & Perretti, attorneys; Mr. Furey and James P. Anelli, on the brief).

Michael L. Diller, Senior Deputy Attorney General, argued the cause for amicus curiae State of New Jersey (Peter G. Verniero, Attorney General, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel).

Gerald L. Dorf argued the cause for amicus curiae New Jersey State League of Municipalities (Dorf & Dorf, attorneys; Mr. Dorf and Mitchell L. Dorf, on the brief).

Joseph Licata submitted a brief on behalf of amicus curiae New Jersey State AFL-CIO (Loccke & Correia, attorneys; Richard D. Loccke, of counsel; Mr. Licata and Leon B. Savetsky, on the brief).

Sanford Oxfeld submitted a brief on behalf of amicus curiae New Jersey Deputy Fire Chiefs (Balk, Oxfeld, Mandell & Cohen, attorneys; Randi Doner April, on the brief).

Paul L. Kleinbaum submitted a brief on behalf of amicus curiae International Association of Fire Fighters, AFL-CIO (Zazzali, Zazzali, Fagella & Nowak, attorneys).


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

This appeal concerns whether certain New Jersey Turnpike Authority (Authority) employees can join collective negotiating units. The New Jersey Employer-Employee Relations Act (Act), N.J.S.A. 34:13A-1 to -29, provides public employees with broad powers to "form, join and assist" employee organizations. N.J.S.A. 34:13A-5.3. Two important exceptions to that right...

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