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DEL. RIV. & BAY AUTH. v. N.J. PUB. EMP. REL COM.

112 N.J. Super. 160 (1970)

270 A.2d 704

THE DELAWARE RIVER & BAY AUTHORITY, PLAINTIFF-APPELLANT, v. NEW JERSEY PUBLIC EMPLOYMENT RELATIONS COMMISSION, AND GENERAL TEAMSTERS LOCAL UNION 326, AFFILIATED WITH INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA, DISTRICT NO. 1-P.C.D., MARINE ENGINEERS BENEFICIAL ASSOCIATION, AFL-CIO AND LOCAL 333, UNITED MARINE DIVISION, NATIONAL MARITIME UNION, AFL-CIO, BEING UNINCORPORATED ASSOCIATIONS OF PERSONS TRANSACTING BUSINESS IN NEW JERSEY, USING A COMMON NAME AND NOT BEING AN ORDINARY PARTNERSHIP, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 9, 1970.

Attorney(s) appearing for the Case

Mr. Vincent J. Pancari argued the cause for appellant (Messrs. Halpin, Bailey & Pancari, attorneys); Mr. Bruce M. Stargatt, of Wilmington, Delaware, also argued the cause for appellant, with the court's permission (Messrs. Young, Conaway, Stargatt & Taylor, attorneys).

Mr. William Rossmoore argued the cause for respondent Marine Engineers Beneficial Association (Messrs. Rossmoore and Morris, attorneys).

Mr. Howard S. Simonoff argued the cause for respondent General Teamsters Local Union No. 326 (Messrs. Plone, Tomar, Parks and Seliger, attorneys; Mr. Robert F. O'Brien, on the brief).

Mr. George F. Kugler, Jr., Attorney General of New Jersey, filed a statement in lieu of brief on behalf of respondent New Jersey Public Employment Relations Commission.

Mr. Michael M. Rosenbaum argued the cause for respondent Local No. 333, United Marine Division, National Maritime Union, AFL-CIO (Mr. Eugene T. O'Toole, attorney).

Before Judges KILKENNY, HALPERN and LANE.

The opinion of the court was delivered by HALPERN, J.A.D.

In granting leave to appeal from an order of Judge Wick entered in the Chancery Division, we elected to continue the restraints he imposed and to consider the merits of the appeal in accordance with R. 2:11-2. Briefs were submitted by all parties and fully argued on October 20, 1970.

The narrow issue for determination is whether the New Jersey Public Employment Relations Commission (PERC) has...

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