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COMM WORKERS v. CIVIL SVCS COMM'N

A-47 September Term 2016 078742.

191 A.3d 643 (2018)

234 N.J. 483

COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, Appellant-Respondent, v. NEW JERSEY CIVIL SERVICE COMMISSION, Respondent-Appellant. Communications Workers of America, AFL-CIO, Appellant-Respondent, v. New Jersey Civil Service Commission, Respondent-Appellant. In the Matter of Job Banding for Software Development Specialist 1 and 2, and Network Administrator 1 and 2, Office of Information Technology. In the Matter of Changes in the State Classification Plan and Job Banding Request, Department of Transportation. In the Matter of Changes in the State Classification Plan and Job Banding Request, Department of Transportation. In the Matter of Job Banding for Software Development Specialist 1 and 2, and Network Administrator 1 and 2, Office of Information Technology.

Supreme Court of New Jersey.

Decided August 8, 2018.

Attorney(s) appearing for the Case

Peter Slocum , argued the cause for appellant New Jersey Civil Service Commission ( Christopher S. Porrino , Attorney General of New Jersey, attorney; Melissa H. Raksa , of counsel; and Peter Slocum, on the brief).

Leon J. Sokol , argued the cause for respondents Stephen M. Sweeney, President of the New Jersey State Senate, Vincent Prieto, Speaker of the New Jersey General Assembly, the Senate, and the General Assembly (Cullen and Dykman, attorneys; Leon J. Sokol and Herbert B. Bennett , on the briefs).

Annmarie Pinarski , argued the cause for respondent Communications Workers of America, AFL-CIO (Weissman & Mintz, attorneys; Annmarie Pinarski and Steven P. Weissman , on the brief).

Arnold Shep Cohen , argued the cause for respondent International Federation of Professional & Technical Engineers Local 195 (Oxfeld Cohen, attorneys; Arnold Shep Cohen, of counsel and on the brief).

The Legislative Review Clause authorizes the Legislature to determine whether an administrative rule or regulation promulgated by an executive agency "is consistent with the intent of the Legislature as expressed in the language of the statute which the rule or regulation is intended to implement...

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