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DZWONAR v. McDEVITT

828 A.2d 893 (2003)

177 N.J. 451

Regina DZWONAR and Cynthia A. Burgess, Plaintiffs-Appellants, v. Robert McDEVITT, Local 54 of the Hotel Employees Restaurant Employees International Union, Defendants-Respondents, and Alan M. Cohen, Jabiel Santiago, Albert Siciliano and the Local 54 Executive Board, Defendants.

Supreme Court of New Jersey.

Decided August 12, 2003.

Attorney(s) appearing for the Case

Nelson C. Johnson, Hammonton, argued the cause for appellants (Johnson & DeMarco, attorneys; Mr. Johnson and Nancy A. Valentino, on the briefs).

William T. Josem argued the cause for respondents (Cleary & Josem, attorneys; Mr. Josem, Regina C. Hertzig, Philadelphia, and Cassie R. Ehrenberg, Ithaca, NY, on the briefs).

Alan Hyde, a member of the California bar, submitted a brief on behalf of amicus curiae The Association for Union Democracy, Inc. (Ronald Chen, attorney).

Raymond G. Heineman, Jr., West Orange, submitted a brief on behalf of amicus curiae New Jersey State AFL-CIO (Lynch Martin, attorneys).

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

This appeal requires us to determine whether the jury's verdict in favor of plaintiff is sustainable under the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8. Plaintiff, formerly a paid arbitration officer and an unpaid elected Executive Board member of Local 54 of the Hotel and Restaurant Employees International Union (Local 54 or the Union...

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