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WILLINGBORO TP. BD. OF ED. v. WILLINGBORO EMP.

178 N.J. Super. 477 (1981)

429 A.2d 429

BOARD OF EDUCATION OF THE TOWNSHIP OF WILLINGBORO, PETITIONER-APPELLANT, v. EMPLOYEES ASSOCIATION OF WILLINGBORO SCHOOLS, RESPONDENT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 22, 1981.

Attorney(s) appearing for the Case

John T. Barbour argued the cause for appellant (Barbour & Costa, attorneys; John T. Barbour, on the brief).

Joel S. Selikoff argued the cause for respondent (Selikoff & Cohen, attorneys; Joel S. Selikoff, of counsel; Henry S. Maurer, Jr. on the brief).

Sidney H. Lehmann, General Counsel for Public Employment Relations Commission, filed a statement in lieu of brief.

Before Judges FRITZ, POLOW and JOELSON.

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

The sole issue raised on this appeal involves the retroactivity vel non of a prior ruling of the Public Employment Relations Commission (PERC) that "a parity clause in a collective negotiations agreement constitutes an unfair practice within the meaning of N.J.S.A. 34:13A-5.4(a)(1) and (5) because it unlawfully limits the right of an employee organization to negotiate fully its own terms and conditions...

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