KEYPORT v. INTER. UNION OF ENG'R

A-43/44 September Term 2013, 072361

118 A.3d 1041 (2015)

222 N.J. 314

In the Matter of BOROUGH OF KEYPORT, Respondent-Respondent, v. INTERNATIONAL UNION OF OPERATING ENGINEERS, Local 68, Petitioner-Appellant. In the Matter of Borough of Belmar, Respondent-Respondent, v. Communications Workers of America, AFL-CIO, Petitioner-Appellant. Township of Mount Laurel, Respondent-Respondent, v. Communications Workers of America, Petitioner, and AFSCME, Council 71, South Jersey Public Employees, Petitioner-Appellant.

Supreme Court of New Jersey.

Decided July 14, 2015.


Attorney(s) appearing for the Case

Steven P. Weissman argued the cause for appellants Communications Workers of America, AFL-CIO and AFSCME, Council 71, South Jersey Public Employees (Weissman & Mintz, attorneys; Mr. Weissman and Ira W. Mintz , Trenton, on the briefs).

Raymond G. Heineman argued the cause for appellant International Union of Operating Engineers, Local 68 ( Kroll Heineman Carton , attorneys).

Jonathan F. Cohen , Liberty Corner, argued the cause for respondent Borough of Belmar (Apruzzese, McDermott, Mastro & Murphy, attorneys).

Joseph F. Betley Mt. Laurel, argued the cause for respondent Township of Mount Laurel ( Capehart Scatchard , attorneys; Mr. Betley and Kelly E. Adler , Cherry Hill, on the letters in lieu of brief).

Gordon N. Litwin , Newark, argued the cause for respondent Borough of Keyport (Litwin & Provence, attorneys).

Martin R. Pachman , General Counsel, argued the cause for respondent New Jersey Public Employment Relations Commission.

Richard A. Friedman argued the cause for amicus curiae New Jersey Education Association (Zazzali, Fagella, Nowak, Kleinbaum & Friedman, attorneys; Mr. Friedman and Edward M. Suarez, Jr. , Newark, on the brief).

Edward W. Purcell , Associate Counsel, argued the cause for amici curiae New Jersey State League of Municipalities and New Jersey Institute of Local Government Attorneys ( William J. Kearns, Jr. , General Counsel, attorney).

Albert G. Kroll submitted a brief on behalf of amicus curiae New Jersey State AFL-CIO ( Kroll Heineman Carton , attorneys).

Cynthia J. Jahn , General Counsel, and Robert A. Greitz submitted a brief on behalf of amicus curiae New Jersey School Boards Association.


In this appeal we review whether three municipalities were required to negotiate with union representatives before taking layoff actions that negatively impacted the hours and wages of affected employees. Two of the municipalities imposed on certain units of public employees mandatory, but temporary...

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