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AMALGAMATED TRANSIT UNION LOCAL 880 v. NJT BUS OPERATIONS, INC.

897 A.2d 357 (2006)

385 N.J. Super. 298

AMALGAMATED TRANSIT UNION LOCAL 880, Plaintiff-Respondent, v. NJ TRANSIT BUS OPERATIONS, INC., Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided May 8, 2006.

Attorney(s) appearing for the Case

Zulima V. Farber, Attorney General, attorney for appellant (Andrea M. Silkowitz, Assistant Attorney General, of counsel; Kathleen Roseme, Deputy Attorney General, on the brief).

Craner, Satkin, Scheer, Schwartz & Arnold, Scotch Plains, attorneys for respondent (John A. Craner, on the brief).

Before Judges SKILLMAN, AXELRAD and SABATINO.

The opinion of the court was delivered by

AXELRAD, J.T.C. (temporarily assigned).

The issue before us is whether an employer may deduct state and federal withholding taxes from back pay arbitration awards when a union employee is reinstated. The trial judge held it may not and directed payment of the gross award to the employee. We reverse.

Plaintiff Amalgamated Transit Union, Local 880 and defendant New Jersey...

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