County of Gloucester v. Public Employment Relations Commission

262 A.2d 1, 55 N.J. 333, 1970 N.J. LEXIS 149, 73 L.R.R.M. (BNA) 2559

• Court: Supreme Court of New Jersey
• Decided: February 16, 1970
• Status: Published

Opinion

Per Curiam.

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 certif3'ing 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 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.

For affirmance — Chief Justice Weirteaub and Justices Jacobs, Ebarcis, Proctob, Hail, Schettiro and Hare-mar — 7.

For reversal — None.