IN RE COUNTY OF ATLANTIC

Docket Nos. A-2477-13T4, A-0107-14T1.

135 A.3d 968 (2016)

445 N.J. Super. 1

In the Matter of COUNTY OF ATLANTIC, Respondent-Respondent, and PBA Local 243, Charging Party, and FOP Lodge 34 and PBA Local 77, Charging Parties-Appellants. In the Matter of Township of Bridgewater, Petitioner-Respondent, and PBA Local 174, Respondent-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 9, 2016.


Attorney(s) appearing for the Case

Ira W. Mintz and Steven R. Cohen argued the cause for appellants FOP Lodge 34, and PBA Local 77 in A-2477-13, and amici curiae Lodge 34, PBA Local 77, and Communications Workers of America AFL-CIO in A-0107-14 (Weissman & Mintz, LLC, Trenton, and Selikoff & Cohen, P.A., Mount Laurel, attorneys; Mr. Mintz and Mr. Cohen, on the briefs).

James M. Mets and David M. Bander argued the cause for appellant PBA Local 174 in A-0107-14 and amicus curiae Professional Firefighters Association of New Jersey in A-2477-13 (Mets Schiro & McGovern, LLP, attorneys; Mr. Mets, of counsel and on the briefs; Mr. Bander and Brian J. Manetta , Iselin, on the briefs).

James F. Ferguson , Atlantic County Counsel, argued the cause for respondent County of Atlantic in A-2477-13.

Don Horowitz , Acting General Counsel, argued the cause for respondent New Jersey Public Employment Relations Commission (Mr. Horowitz, attorney; Martin R. Pachman , formerly General Counsel, and Mr. Horowitz, on the briefs).

Eric M. Bernstein argued the cause for Township of Bridgewater respondent in A-0107-14 and amicus curiae in A-2477-13 (Eric M. Bernstein & Associates, LLC, Warren, attorneys; Mr. Bernstein, of counsel and on the brief; Philip G. George , on the brief).

John J. Hoffman , Acting Attorney General, attorney for amicus curiae Governor's Office of Employee Relations in A-2477-13 ( Michelle Lyn Miller , Assistant Attorney General, of counsel; Todd A. Wigder , Deputy Attorney General, on the brief).

Oxfeld Cohen, P.C., attorneys for amicus curiae International Federation of Professional and Technical Engineers, Local 195 in A-2477-13 ( Arnold S. Cohen , Wayne, of counsel and on the brief; Samuel Wenocur , on the brief).

Bucceri & Pincus, attorneys for amicus curiae New Jersey Education Association in A-2477-13 ( Louis P. Bucceri , Clifton, of counsel and on the brief; Albert J. Leonardo , on the brief).

Cynthia J. Jahn , General Counsel, attorney for amicus curiae New Jersey School Boards Association in A-2477-13 ( Patrick Duncan , on the brief).

Law Offices of Craig S. Gumpel LLC, attorneys for amicus curiae New Jersey State Firefighters Mutual Benevolent Association ( Craig S. Gumpel , Livingston, of counsel and on the brief).

Genova Burns LLC, attorneys for amici curiae New Jersey State League of Municipalities, New Jersey Association of Counties, and New Jersey Council of County Colleges ( Joseph M. Hannon , Newark, of counsel and on the brief; Allison B. Gotfried , on the brief).

Markowitz and Richman, attorneys for amicus curiae New Jersey State Lodge of the Fraternal Order of Police ( Matthew D. Areman , on the brief).

Zazzali, Fagella, Nowak, Kleinbaum & Friedman, attorneys for amicus curiae New Jersey State PBA in A-2477-13 ( Paul L. Kleinbaum , of counsel and on the brief; Marissa A. McAleer , Newark, on the brief).

Before Judges ALVAREZ, HAAS, and MANAHAN.


The opinion of the court was delivered by

Oral argument was conducted on these two matters back-to-back, and they are consolidated for purposes of this opinion. We reverse both Public Employment Relations Commission (PERC) final agency decisions because PERC's abandonment of the dynamic status quo doctrine was action outside...

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