IN RE HUNTERDON COUNTY


850 A.2d 494 (2004)

369 N.J. Super. 572

In the Matter of HUNTERDON COUNTY, Appellant, and CWA, Local 1034, Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 1, 2004.


Attorney(s) appearing for the Case

Gaetano M. De Sapio, Frenchtown, Hunterdon County Counsel, argued the cause for appellant.

Steven P. Weissman, Newark, argued the cause for respondent, CWA Local 1034 (Weissman & Mintz, attorneys; Mr. Weissman, on the brief).

Robert E. Anderson, General Counsel, New Jersey Public Employment Relations Commission, argued the cause for respondent, New Jersey Public Employment Relations.

George N. Cohen, Deputy Attorney General, argued for amicus curiae, Attorney General of New Jersey (Peter C. Harvey, Attorney General of New Jersey; Michael J. Haas, Assistant Attorney General, of counsel; Stephan Schwartz, Deputy Attorney General and Dennis J. Conklin, Senior Deputy Attorney General, on the brief).

Steven L. Willis, attorney for amicus curiae, Henry Wieczorek and twenty-seven other Hunterdon County non-union, public employees.

Before Judges FALL, PARRILLO and HOENS.


The opinion of the court was delivered by

PARRILLO, J.A.D.

At issue is the constitutionality of a recent amendment to the New Jersey Employer-Employee Relations Act (EERA), N.J.S.A. 34:13A-1 to -5.9, entitling majority union representatives to have representation or "agency" fees deducted from the paychecks of non-members provided certain statutory conditions are met...

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