City of Hackensack, Respondent v. Richard Winner, and Nicholas Sarapuchiello, William Krejsa, Appellants, and the…

Summary

The Supreme Court of New Jersey affirmed the modified judgment, holding that the Public Employment Relations Commission (PERC) must give preclusive effect to the Civil Service Commission’s findings that anti‑union bias was not a substantial factor in the firefighters’ denied promotions, and that PERC should have deferred to the Civil Service Commission because the unfair‑practice claim was not the sole or dominant issue. The Court also affirmed that both agencies have concurrent jurisdiction but that PERC’s discretionary jurisdiction requires deference to the Civil Service Commission in mixed controversies. Separate opinions by Justices Schreiber and Pashman criticize the majority’s approach to agency jurisdiction.