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County of Gloucester v. Public Employment Relations Commission

New Jersey Supreme Court


Decided: February 16, 1970.

COUNTY OF GLOUCESTER, BOARD OF CHOSEN FREEHOLDERS, PUBLIC EMPLOYER-APPELLANT,
v.
PUBLIC EMPLOYMENT RELATIONS COMMISSION, STATE OF NEW JERSEY, AND TEAMSTERS LOCAL UNION NO. 676, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, RESPONDENTS

On appeal from the Superior Court, Appellate Division, whose opinion is reported at 107 N.J. Super. 150.

For affirmance -- Chief Justice Weintraub and Justices Jacobs, Francis, Proctor, Hall, Schettino and Haneman. For reversal -- None.

Per Curiam

[55 NJ Page 334] The judgment is affirmed for the reasons given by the Appellate Division, 107 N.J. Super. 150 (1969), with the following modification as to the procedural issue. We deem the final order under the statute to be an order certifying the results of an election. An order certifying the appropriate unit or directing an election is merely interlocutory and is reviewable only upon motion for leave to appeal. R. 2:2-4. The Appellate Division properly held, upon that thesis, that the facts warranted allowance

[55 NJ Page 335]

of an appeal. We agree, too, that the election in question was properly permitted to proceed, notwithstanding the pendency of the appeal, with the results impounded and subject to the Court's further order.

19700216


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