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S. JERSEY CATHOLIC SCHOOL TEACHERS v. ST. TERESA OF INFANT JESUS CH. ELE. SCH.

150 N.J. 575 (1997)

696 A.2d 709

SOUTH JERSEY CATHOLIC SCHOOL TEACHERS ORGANIZATION, AN UNINCORPORATED LABOR ORGANIZATION, PLAINTIFF-RESPONDENT, v. ST. TERESA OF THE INFANT JESUS CHURCH ELEMENTARY SCHOOL, SAINT BARTHOLOMEW CHURCH ELEMENTARY SCHOOL, THE CHURCH OF SAINT JUDE ELEMENTARY SCHOOL, SAINT JOSEPH PROCATHEDRAL CHURCH ELEMENTARY SCHOOL, SAINT JOSEPH CHURCH ELEMENTARY SCHOOL AND SACRED HEART CHURCH ELEMENTARY SCHOOL, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided July 24, 1997.

Attorney(s) appearing for the Case

James A. Serritella, a member of the Illinois bar, and Martin F. McKernan, Jr., argued the cause for appellants (McKernan, McKernan & Godino, attorneys; Mr. Serritella, Mr. McKernan, James J. Godino, Jr., Francis J. Monari, Christopher G. Martucci, James C. Geoly, a member of the Illinois bar and W. Cole Durham, Jr., a member of the Utah bar, of counsel and on the briefs).

Benjamin Eisner argued the cause for respondent (Spear, Wilderman, Borish, Endy, Spear and Runckel, attorneys).

James Katz argued the cause for amicus curiae, American Civil Liberties Union of New Jersey (Tomar, Simonoff, Adourian, O'Brien, Kaplan, Jacoby & Graziano, attorneys).

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

The issue raised in this appeal is whether lay teachers in church-operated elementary schools have an enforceable state constitutional right to unionize and to engage in collective bargaining respecting secular terms and conditions of employment without violating the Religion Clauses of the First Amendment of the United States Constitution. Plaintiff asserts that it was elected the majority representative of the...

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