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COMM. WORKERS OF AMERICA v. NJ DEPT. OF PERSONNEL

No. 01-3178.

282 F.3d 213 (2002)

COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO and Local 1033 of the Communications Workers of America; Cheryl Tobin; Bessie DeLeon; Regina Jackson; Arun Kaushal, Intervenor-Plaintiffs in District Court, v. NEW JERSEY DEPARTMENT OF PERSONNEL; Merit System Board Local 1033 of the Communications Workers of America, Cheryl Tobin, Bessie DeLeon, Regina Jackson and Arun Kaushal, Appellants.

United States Court of Appeals, Third Circuit.

Filed February 25, 2002.

Attorney(s) appearing for the Case

Walter R. Bliss, Jr. (Argued) Princeton, NJ, Counsel for Appellants.

Todd A. Wigder (Argued) Office of Attorney General of New Jersey Department of Law and Public Safety, Trenton, NJ, Counsel for Appellees.

Before: SCIRICA, ROSENN, Circuit Judges, and KANE, District Judge.

OPINION OF THE COURT

ROSENN, Circuit Judge.

The major issue in this appeal is the extent to which piggybacking, a common practice on playgrounds, is permitted in the judicial forum. In July 1999, the Communications Workers of America, AFL-CIO ("the National"), after obtaining a right to sue letter from the Equal Employment Opportunity Commission (EEOC), filed a racial discrimination action in the United States District Court

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