Patrolman's Benev. Ass'n of Montclair, Local No. 53 v. Town of Montclair
| Court | United States State Supreme Court (New Jersey) |
| Writing for the Court | PER CURIAM |
| Citation | 70 N.J. 130,358 A.2d 180 |
| Decision Date | 11 May 1976 |
| Parties | , 92 L.R.R.M. (BNA) 2779, 80 Lab.Cas. P 53,918 PATROLMAN'S BENEVOLENT ASSOCIATION OF MONTCLAIR, LOCAL NO. 53, Plaintiff-Appellant, v. TOWN OF MONTCLAIR, a municipal corporation and Theodore MacLachlan, Director of Department of Public Safety, Defendants-Respondents. |
Page 130
80 Lab.Cas. P 53,918
53, Plaintiff-Appellant,
v.
TOWN OF MONTCLAIR, a municipal corporation and Theodore
MacLachlan, Director of Department of Public
Safety, Defendants-Respondents.
Decided May 11, 1976.
[358 A.2d 181]
Page 132
James R. Zazzali, Newark, for plaintiff-appellant (Zazzali & Zazzali, Newark, attorneys).Frank X. McDermott, Springfield, for defendants-respondents (McDermott, of counsel; Maurice J. Nelligan, Jr., Trenton, on the brief; Apruzzese & McDermott, Springfield, attorneys).
Theodore M. Simon and Gerald M. Goldberg, Landing, filed a brief for amicus curiae N.J. Ee. Ass'n (Goldberg & Simon, Landing, Special Counsel, attorneys).
Page 133
PER CURIAM.
The propriety of the court's jurisdiction over a dispute between public employees and the municipal employer and the retroactive effect of an amendment to the New Jersey Employer-Employee Relations Act, L.1974, c. 123, are the issues projected by this appeal.
The plaintiff, Patrolman's Benevolent Association of Montclair, New Jersey, Local No. 53 (PBA), asserted in its complaint that it was 'the designated and selected representative of all police officers employed by the Town of Montclair for purposes of collective negotiation with the Town of Montclair concerning terms and conditions of employment for all such police officers.' It charged that in November, 1973, the plaintiff requested negotiations with the defendant Town of Montclair concerning terms and conditions of employment for the year 1974; that negotiations were conducted on January 10 and 22, 1974; that another meeting occurred on January 30 at which no negotiations transpired; that on February 19, 1974, the Town introduced an ordinance increasing salaries of police officers and unilaterally eliminated compensatory time off for overtime worked by police detectives, both acts being in violation of N.J.S.A. 34:13A--5.3; that plaintiff had received various complaints from its members and defendant's actions have 'seriously undermined the ability of the plaintiff to collectively negotiate on behalf of its members.' The plaintiff sought an order directing the defendant Town to negotiate with it, that the defendant be restrained from enacting any ordinance establishing salaries 'for those employees represented by the plaintiff' and that the Town be restrained from modifying any rules or regulations governing 'employees represented by the plaintiff' which existed immediately prior to November of 1973.
The complaint was supported by an affidavit of Carmen Pizzano, President of the PBA, which asserted the information therein was 'true to the best...
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