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DUNELLEN BD. OF ED. v. DUNELLEN ED. ASSN.

64 N.J. 17 (1973)

311 A.2d 737

DUNELLEN BOARD OF EDUCATION, PLAINTIFF-APPELLANT, AND COMMISSIONER OF EDUCATION OF NEW JERSEY, PLAINTIFF-INTERVENOR-APPELLANT, v. DUNELLEN EDUCATION ASSOCIATION AND PUBLIC EMPLOYMENT RELATIONS COMMISSION, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided November 20, 1973.

Attorney(s) appearing for the Case

Mr. Edward J. Johnson, Jr., argued the cause for the plaintiff-appellant.

Mr. Theodore A. Winard, Assistant Attorney General, argued the cause for the plaintiff-intervenor-appellant (Mr. George F. Kugler, Jr., Attorney General, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel; Mr. Michael S. Bokar, Deputy Attorney General, on the brief).

Mr. Thomas P. Cook argued the cause for the New Jersey School Boards Association, Amicus Curiae.

Mr. Abraham L. Friedman argued the cause for the respondent Dunellen Education Association (Messrs. Rothbard, Harris & Oxfeld, attorneys; Mr. Emil Oxfeld, of counsel).

Mr. John F. Lanson, attorney for the Public Employment Relations Commission, filed a statement on its behalf (Mr. David A. Wallace, of the New York bar, of counsel).

The opinion of the Court was delivered by JACOBS, J.

The plaintiff Dunellen Board of Education filed a complaint in the Chancery Division seeking to restrain the defendant Dunellen Education Association from proceeding to arbitration of an alleged grievance under the agreement between them for the school year 1971-72. The Public Employment Relations Commission was also named as a defendant but it would appear to be merely a nominal party. The Commissioner of Education...

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