DEL. RIVER PORT AUTH. v. FRATERNAL ORDER OF POLICE

No. 01-1866.

290 F.3d 567 (2002)

DELAWARE RIVER PORT AUTHORITY; Port Authority Transit Corporation, a subsidiary of the Delaware River Port Authority v. FRATERNAL ORDER OF POLICE, Penn-Jersey Lodge 30, an unincorporated labor organization; James R. Stewart, in his capacity as President of FOP Lodge 30; New Jersey Policemen's Benevolent Association Intercounties Local # 30, an unincorporated labor organization; Anthony Cappello, Jr., in his capacity as President of New Jersey Policeman's Benevolent Association Intercounties Local # 30, Appellants.

United States Court of Appeals, Third Circuit.

Argued January 17, 2002.


Attorney(s) appearing for the Case

Charles T. Joyce, (argued), Benjamin Eisner, Spear, Wilderman, Borish, Endy, Spear & Runckel, Philadelphia, Pennsylvania, Gary M. Lightman, Lightman & Welby, Harrisburg, Pennsylvania, for appellants, Fraternal Order of Police, Penn-Jersey Lodge 30 and James R. Stewart.

Patrick Matusky, (argued), Jerome J. Shestack, Laura E. Krabill, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pennsylvania, William H. Roberts, Peter A. Gold, Scott A. Mayer, Blank, Rome, Comisky & McCauley, Philadelphia, Pennsylvania, for appellees, Delaware River Port Authority and Port Authority Transit Corporation.

Donald F. Burke, Port Authority of New York and New Jersey, Newark, New Jersey, for Amici Curiae—appellee, The Port Authority of New York and New Jersey.

David B. Greenfield, Waterfront Commission of New York Harbor, New York City, for Amici Curiae—appellee, The Waterfront Commission of New York Harbor.

Michael Houghton, Morris, Nichols, Arsht & Tunnell, Wilmington, Delaware, Richard S. Mroz, Stradley, Ronon, Stevens & Young, Cherry Hill, New Jersey, for Amici Curiae—appellee, The Delaware River and Bay Authority.

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


SCIRICA, Circuit Judge.

At issue is whether we should give preclusive effect to a state court judgment on a collective bargaining matter. In a declaratory judgment action, the District Court held that despite a prior New Jersey judgment, the Delaware River Port Authority had no duty under its congressionally approved bi-state compact to recognize certain collective bargaining rights of supervisory employees. We will reverse.

I.

In 1999 the Fraternal...

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