Galloway Tp. Bd. of Educ. v. Galloway Tp. Educ. Ass'n
| Court | New Jersey Superior Court – Appellate Division |
| Writing for the Court | FURMAN; MORGAN |
| Citation | 373 A.2d 1014,149 N.J.Super. 352 |
| Decision Date | 29 March 1977 |
| Parties | , 95 L.R.R.M. (BNA) 2862 GALLOWAY TOWNSHIP BOARD OF EDUCATION, Respondent-Appellant, v. GALLOWAY TOWNSHIP EDUCATION ASSOCIATION, Charging Party-Respondent. |
Page 352
v.
GALLOWAY TOWNSHIP EDUCATION ASSOCIATION, Charging Party-Respondent.
Appellate Division.
Decided March 29, 1977.
Page 353
Robert J. Hrebek, Lake Hopatcong, for Bd. of Ed. (Murray, Meagher & Granello, Little Silver, attorneys).
Page 354
James M. Blaney, Brick Town, for Ed. Ass'n (Starkey, White & Kelly, Brick Town, attorneys).
Sydney H. Lehmann, Trenton, for Public Employment Relations Com'n (David M. Wallace, Gen. Counsel, Public Employment Relations Com'n, Trenton, on the brief).
Page 353
Before Judges BISCHOFF, MORGAN and FURMAN.
Page 354
The opinion of the court was delivered by
FURMAN, J.S.C., Temporarily Assigned.
Respondent Association filed unfair labor practice charges against appellant board with the Public Employment Relations Commission (PERC) on September 2, 1975. An evidentiary hearing was waived upon a stipulation of facts. The parties reached a negotiating agreement for 1975--76 on April 6, 1976. PERC was so advised on April 13, 1976. The PERC order determining unfair labor practices, which is appealed from, was issued on April 28, 1976.
PERC concedes that the affirmative relief ordered by it was in fact met by the agreement of April 6, 1976. It seeks enforcement of its order to cease and desist from interference with or coercion of employees in the exercise of the right of collective negotiating, from refusal to negotiable collectively in good faith and from unilateral alteration of the terms and conditions of employment during collective negotiations. At oral argument counsel for PERC urged that the appeal was not moot because of the precedential effect of the cease and desist order, if enforced, as tending in another proceeding to show anti-union animus.
PERC jurisdiction to issue unfair labor practice cease and desist orders is to [373 A.2d 1015] protect the statutory right of collective negotiating. At the time of its order under appeal there was no controversy before it, no pending unfair labor practice. In its brief appellant board argues: 'P.E.R.C. should have declined to rule on the issues presented and should have declared the matter moot by reason of a voluntary negotiated agreement between the parties.' We agree.
Page 355
Pursuant to N.J.S.A. 34:13A--5.4(f) PERC filed with the Appellate Division a cross-application for enforcement of its cause and desist order. Because it adjudicates state as well as other governmental employment relations, it is represented not by the Attorney General but by special counsel appointed under N.J.S.A. 52:17A--13.
Its decision and order rendered three weeks following the agreement between the parties and its vigorous participation as an advocate on the appeal are without justification in its statutory authority. There was no reason to speculate that its order, if affirmed on appeal, would not have been complied with by appellant board.
Reversed with direction to vacate the order under appeal.
MORGAN, J.A.D. (concurring).
Although agreeing with the court's opinion in its entirety, I nonetheless feel compelled to expand on its...
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City of Hackensack v. Winner
...116, 120-121, 262 A.2d 426 (App.Div.1970), and Galloway Tp. Bd. of Ed. v. Galloway Tp. Ed. Ass'n, supra, 149 N.J.Super. at 355, 373 A.2d 1014 (concurring opinion); and 2 Davis, Administrative Law, supra, §§ 13.01 and In view of our decision we find it unnecessary to reach the merits of this......
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Galloway Tp. Bd. of Educ. v. Galloway Tp. Ass'n of Educational Secretaries
...were moot and vacated its award of back pay as Ultra vires its remedial powers under N.J.S.A. 34:13A-5.4(c). 149 N.J.Super. 346, 373 A.2d 1014 (App.Div.1977). Both the Association and PERC filed unsuccessful petitions for rehearing with the Appellate Division. Their petitions for certificat......
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Galloway Tp. Bd. of Educ. v. Galloway Tp. Educ. Ass'n
...with PERC's decision in the future. In its decision, the Appellate Division never reached the merits of the unfair practice issue. 149 N.J.Super. 352, 373 A.2d 1014 (App.Div.1977). In its brief unanimous opinion the appeals court held that the successful negotiation of a new collective agre......
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Galloway Tp. Bd. of Educ. v. Galloway Tp. Educ. Ass'n
...a new agreement, thus rendering the case moot. We disagree. The Board's reliance on Galloway Tp. Bd. of Ed. v. Galloway Tp. Ed. Ass'n, 149 N.J.Super. 352, 373 A.2d 1014 (App.Div.1977), certif. granted 75 N.J. 29, 379 A.2d 259 (1977), is misplaced. In that case the association had filed an u......
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City of Hackensack v. Winner
...116, 120-121, 262 A.2d 426 (App.Div.1970), and Galloway Tp. Bd. of Ed. v. Galloway Tp. Ed. Ass'n, supra, 149 N.J.Super. at 355, 373 A.2d 1014 (concurring opinion); and 2 Davis, Administrative Law, supra, §§ 13.01 and In view of our decision we find it unnecessary to reach the merits of this......
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Galloway Tp. Bd. of Educ. v. Galloway Tp. Ass'n of Educational Secretaries
...were moot and vacated its award of back pay as Ultra vires its remedial powers under N.J.S.A. 34:13A-5.4(c). 149 N.J.Super. 346, 373 A.2d 1014 (App.Div.1977). Both the Association and PERC filed unsuccessful petitions for rehearing with the Appellate Division. Their petitions for certificat......
-
Galloway Tp. Bd. of Educ. v. Galloway Tp. Educ. Ass'n
...with PERC's decision in the future. In its decision, the Appellate Division never reached the merits of the unfair practice issue. 149 N.J.Super. 352, 373 A.2d 1014 (App.Div.1977). In its brief unanimous opinion the appeals court held that the successful negotiation of a new collective agre......
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Galloway Tp. Bd. of Educ. v. Galloway Tp. Educ. Ass'n
...a new agreement, thus rendering the case moot. We disagree. The Board's reliance on Galloway Tp. Bd. of Ed. v. Galloway Tp. Ed. Ass'n, 149 N.J.Super. 352, 373 A.2d 1014 (App.Div.1977), certif. granted 75 N.J. 29, 379 A.2d 259 (1977), is misplaced. In that case the association had filed an u......