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S. JERSEY CATH. SCH. v. ST. TERESA

290 N.J. Super. 359 (1996)

675 A.2d 1155

SOUTH JERSEY CATHOLIC SCHOOL TEACHERS ASSOCIATION, PLAINTIFF-APPELLANT, v. ST. TERESA OF THE INFANT JESUS CHURCH ELEMENTARY SCHOOL, SAINT BARTHOLOMEW CHURCH ELEMENTARY SCHOOL, THE CHURCH OF ST. JUDE ELEMENTARY SCHOOL, SAINT JOSEPH PRO-CATHEDRAL CHURCH ELEMENTARY SCHOOL, SAINT JOSEPH CHURCH ELEMENTARY SCHOOL AND SACRED HEART ELEMENTARY SCHOOL, DEFENDANTS-RESPONDENTS, AND UNITED STATES OF AMERICA, INTERVENOR.

Superior Court of New Jersey, Appellate Division.

Decided May 16, 1996.

Attorney(s) appearing for the Case

Benjamin Eisner argued the cause for appellant (Spear, Wilderman, Borish, Endy, Spear and Runckel, attorneys; Katherine L. Schreiber, of counsel and on the brief).

Martin F. McKernan, Jr., argued the cause for respondents (McKernan, McKernan & Godino, attorneys).

Patricia A. Millett argued the cause for intervenor (Faith S. Hochberg, U.S. Attorney, Department of Justice, attorney; Frank W. Hunger, Assistant Attorney General, Michael Jay Singer, John L. Jacobus and Ms. Millett, on the brief).

Marc D. Stern, attorney for amicus curiae Coalition for the Free Exercise of Religion, filed a brief.

Before Judges KING, KLEINER and HUMPHREYS.

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

I.

This case involves the right of parochial elementary school lay teachers to organize and bargain collectively with the six parish schools where they work. The schools are operated by these parishes under the auspices of the Diocese of Camden. These Catholic elementary school teachers claim the right to organize and bargain collectively secured to...

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