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CWA. v. PBA. LOCAL 203

No. A-1394-08T1

989 A.2d 1267 (2010)

412 N.J. Super. 286

COMMUNICATIONS WORKERS OF AMERICA, LOCAL 1034, Appellant, v. NEW JERSEY STATE POLICEMEN'S BENEVOLENT ASSOCIATION, LOCAL 203, and County of Burlington, Respondents.

Superior Court of New Jersey, Appellate Division.

Decided March 11, 2010.

Attorney(s) appearing for the Case

Jason L. Jones argued the cause for appellant (Weissman & Mintz, L.L.C., Somerset, attorneys; Mr. Jones, on the brief).

David Grossman, Kenilworth, argued the cause for respondent, New Jersey State Policemen's Benevolent Association, Local 203 (Cohen, Leder, Montalbano & Grossman, L.L.C., attorneys; Bruce D. Leder, of counsel; Mr. Grossman, on the brief).

Zazzali, Fagella, Nowak, Kleinbaum & Friedman, Newark, attorneys for amicus curiae New Jersey State Policemen's Benevolent Association (Paul L. Kleinbaum, on the brief).

Don Horowitz, Deputy General Counsel, argued the cause for New Jersey Public Employment Relations Commission.

Before Judges WEFING, GRALL and LeWINN.

The opinion of the court was delivered by

LeWINN, J.A.D.

"[E]xcept where established practice, prior agreement, or special circumstances dictate the contrary, no policeman shall have the right to join an employee organization that admits employees other than policemen to membership." N.J.S.A. 34:13A-5.3. The Public Employment Relations Commission (PERC) has determined that assistant superintendents and apprentice assistant superintendents employed in...

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