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MATTER OF NJ TRANSIT BUS OPERATIONS, INC.

125 N.J. 41 (1991)

592 A.2d 547

IN THE MATTER OF NJ TRANSIT BUS OPERATIONS, INC., NEW JERSEY TRANSIT CORPORATION AND AMALGAMATED TRANSIT UNION, NEW JERSEY COUNCIL: NJ TRANSIT MERCER, INC., NEW JERSEY TRANSIT CORPORATION AND AMALGAMATED TRANSIT UNION, DIV. 540: NJ TRANSIT BUS OPERATIONS, INC., NEW JERSEY TRANSIT CORPORATION AND UNITED TRANSPORTATION UNION, LOCAL 33 (PATERSON AND WARWICK DIVS.); NJ TRANSIT BUS OPERATIONS, NEW JERSEY TRANSIT CORPORATION AND TRANSPORT WORKERS UNION OF AMERICA, LOCAL 225.

The Supreme Court of New Jersey.

Decided July 22, 1991.

Attorney(s) appearing for the Case

Jeffrey Freund, a member of the District of Columbia bar, argued the cause for appellants The Amalgamated Transit Union, New Jersey Council, Amalgamated Transit Union Div. 540 and the Amalgamated Transit Union, AFL-CIO (Reitman, Parsonnet, Maisel & Duggan and Weitzman & Rich, attorneys; Jeffrey Freund, Bennet D. Zurofsky, Jesse H. Strauss, and Richard P. Weitzman, on the briefs).

Edward D. Friedman, a member of the District of Columbia bar, argued the cause for appellant United Transportation Union, Local 33 (Paterson and Warwick Divisions) (Zazzali, Zazzali, Fagella & Nowak, attorneys; Edward D. Friedman and Robert Fagella, on the brief).

Robert E. Anderson, General Counsel, argued the cause for appellant Public Employment Relations Commission.

Jeffrey C. Burstein, Deputy Attorney General, argued the cause for respondents NJ Transit Bus Operations, Inc., NJ Transit Mercer, Inc. and New Jersey Transit Corporation (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel).

Alan Parwich and Malcolm A. Goldstein, a member of the New York bar, submitted a letter brief on behalf of appellant Transport Workers Union of America, AFL-CIO, Local 225 (Feintuch & Parwich, attorneys).

The opinion of the Court was delivered by WILENTZ, C.J.

In 1979 the Legislature passed the Public Transportation Act (the Act), L. 1979, c. 150, N.J.S.A. 27:25-1 to -24, creating New Jersey Transit (NJT), a public corporation, for the purpose of converting New Jersey's mass-transit system from one of private enterprise to one owned and operated by the State. NJT, through use of federal funds, either directly or through subsidiaries

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