Walter A. Kaczmarek, Jr., Charging Party-Appellant v. New Jersey Turnpike Authority, New Jersey Turnpike Employees’…

Summary

The Supreme Court of New Jersey held that the six‑month statutory limitation in N.J.S.A. 34:13A‑5.4(c) does not bar the appellant’s unfair‑practice charges because equitable considerations show he was prevented from timely filing; the Court reversed the Appellate Division and remanded the matter to the Public Employment Relations Commission for further proceedings. Justice Pashman filed a concurring opinion emphasizing the fiduciary duty of fair representation and the unresolved scope of PERC’s jurisdiction over such claims.