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

Summary

The Supreme Court of New Jersey reversed the Appellate Division and remanded the matter to the Public Employment Relations Commission, holding that the six‑month statutory limitation for filing an unfair‑practice charge does not bar the appellant because equitable considerations show he was not "prevented" from filing timely. The Court emphasized the legislative purpose of the limitation period and declined to decide the jurisdictional question. A concurring opinion noted the duty of fair representation and refrained from endorsing the lower court's view that PERC's jurisdiction over unfair‑representation claims is preemptive.