COMMUNICATIONS WORKERS OF AMERICA, LOCAL 1034 V. NEW JERSEY STATE POLICEMEN'S BENEVOLENT ASSOCIATION, LOCAL 203 AND BURLINGTON COUNTY A-1394-08T1

COMMUNICATIONS WORKERS OF AMERICA, LOCAL 1034 V. NEW
JERSEY STATE POLICEMEN'S BENEVOLENT ASSOCIATION, LOCAL
203 AND BURLINGTON COUNTY
A-1394-08T1 03-11-10
N.J.S.A. 34:13A-5.3 prohibits policemen from joining "an
employee organization that admits employees other than policemen
to membership." We conclude that the Public Employment
Relations Commission (PERC) exceeded its statutory authority by
adopting a per se rule that Burlington County weights and
measures supervisors and apprentices are "policemen" within the
intendment of this statute solely because of those employees'
statutory authority to arrest "on the violation of any of the
provisions" of the weights and measures law "within [their] view
or presence." N.J.S.A. 51:1-106. We disapprove the per se rule
adopted by PERC in In re County of Warren, 12 NJPER 357 (¶17134
1986), and remand to PERC for further consideration in light of
County of Gloucester v. Public Employment Relations Commission,
107 N.J. Super. 150