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GLASSBORO v. FRATERNAL ORDER OF POLICE LOCAL NO. 108

930 A.2d 484 (2007)

395 N.J. Super. 644

BOROUGH OF GLASSBORO, Plaintiff-Appellant, v. FRATERNAL ORDER OF POLICE LODGE NO. 108, in the Matter of Sergeant Peter L. Amico, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided August 27, 2007.

Attorney(s) appearing for the Case

William M. Tambussi, Westmont, argued the cause for appellant (Brown & Connery, attorneys; Mr. Tambussi, of counsel and on the brief; Susan M. Leming, on the brief; William F. Cook, on the brief; Ila Bhatnagar, on the brief).

Peter H. Demkovitz, Philadelphia, PA, argued the cause for respondent (Markowitz & Richman, attorneys; Mr. Demkovitz, of counsel and on the brief; Matthew D. Areman, on the brief).

Before Judges COBURN, R.B. COLEMAN and GILROY.

The opinion of the court was delivered by

COLEMAN, R.B., J.A.D.

In 2004, plaintiff Borough of Glassboro (plaintiff or the Borough), a non-civil service municipality whose police officers are represented by defendant Fraternal Order of Police, Lodge No. 108 (the union or FOP), appointed Sergeant William Highley to the position of lieutenant, ahead of Sergeant Peter Amico, who scored higher on the first two portions of the Borough's three-step promotional procedure...

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