CWA Local 1044 v. Chief Justice of Supreme Court

572 A.2d 613, 118 N.J. 495, 1990 N.J. LEXIS 41, 134 L.R.R.M. (BNA) 2921
CourtSupreme Court of New Jersey
DecidedApril 18, 1990
StatusPublished
Cited by17 cases

This text of 572 A.2d 613 (CWA Local 1044 v. Chief Justice of Supreme Court) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
CWA Local 1044 v. Chief Justice of Supreme Court, 572 A.2d 613, 118 N.J. 495, 1990 N.J. LEXIS 41, 134 L.R.R.M. (BNA) 2921 (N.J. 1990).

Opinions

PER CURIAM.

In this matter it is contended that the Court is compelled, by virtue of its decision in Passaic County Probation Officers’ Association v. County of Passaic, 73 N.J. 247, 374 A.2d 449 (1977), to include in collective negotiations with judicial employee organizations the issue of agency fees in accordance with N.J.S.A. 34:13A-5.5(a). The statutory provision requires the public employer, here the judiciary, if requested by the employees’ union, to negotiate in good faith whether the substantial equivalent of union dues — “agency fees” — shall be paid, through payroll deductions, by non-union members who form part of the negotiating unit. The judiciary thus far has refused to negotiate on this issue. Additionally, it is contended that this difference in treatment — judiciary employees being the only public employees whose labor organizations are unable to negotiate that issue — violates the New Jersey constitutional requirements of equal protection and substantive due process. N.J. Const, of 1947 art. I, ¶ 1.

These claims are made with substantial force and a legitimacy that inevitably attaches to their support in legislative policy. Nevertheless, we determine that the judiciary is not compelled by the Passaic case or by the statute to negotiate this issue. Rather, pursuant to the Court’s exclusive power under our Constitution over the administration of the judicial system (art. VI, § II, para. 3), we hold that the question is committed to the Court’s discretionary authority, to be determined in accordance with the legitimate interests of the judiciary in sound labor relations guided by the principles previously established in case law. While the determination to withhold negotiation of this term continues, it has always been regarded as an interim determination, justified by both the rapid changes that have taken place in judicial labor relations and the uncer[498]*498tainties that surround its future development. As more fully explained below, the Chief Justice, in his constitutional capacity as administrative head of the judicial branch of government, has indicated that the question is presently under consideration and that he will present it to us along with his views on completion of his review in the near future.

Given this impending administrative reconsideration of the issue, we do not decide the constitutional questions. We retain jurisdiction, however, in order to afford plaintiff CWA' the opportunity, by motion made to this Court, to reassert its constitutional claims following our forthcoming administrative disposition of the case.

I.

This action is brought by two labor unions representing judicial employees, CWA Local 1044 and Local 102, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO. CWA 1044 is the only appellant (referred to sometimes as plaintiff), Local 102 not having appealed from the trial court’s adverse determination. This action was preceded by another in the Federal District Court requesting similar relief but including federal constitutional claims not advanced here. It was ultimately dismissed on abstention grounds in an unreported decision, preserving to CWA 1044 (Local 102 was not a party) the right to reopen the action if dissatisfied with the outcome of State proceedings. See Burford v. Sun Oil Co., 319 U.S. 315, 63 S.Ct. 1098, 87 L.Ed. 1424 (1943); Railroad Comm’n of Texas v. Pullman Co., 312 U.S. 496, 61 S.Ct. 643, 85 L.Ed. 971 (1941). This lawsuit followed. No federal claims are asserted here, plaintiff CWA reserving them in the event of its return to the Federal District Court.

CWA 1044 is a Local of the Communications Workers of America organizing, among other places, in Burlington County. The Local represents substantially all the public employees of [499]*499that county, namely, the employees of the Board of Freeholders and some related agencies, as well as a substantial number of judicial employees, all in the same collective negotiating unit. The judicial employees include all employees of the probation office (except probation officers themselves, who are organized in another unit represented by the Probation Officers’ Association of Burlington County), all employees of the Surrogate, all employees on the County Clerk’s judicial budget, all support staff of the Special Civil Part of the Superior Court, and all administrative and other employees on the payroll of the Burlington County Superior Court.

In February of 1986, Local 1044 concluded a collective negotiating agreement with the county for the years 1986-1988 purporting to cover all the public employees in the mixed unit, including the judicial employees. It included a standard agency-fee clause requiring payment to the union by non-union members of a representation fee (up to 85% of regular union dues) in accordance with the statute. The agreement was not executed by the Assignment Judge nor, apparently, did the judiciary participate in its negotiation. The Assignment Judge thereafter advised the union that despite the collective negotiating agreement, agency fees could not be deducted from the payroll for judiciary employees. After the dismissal of the Federal District Court action challenging the Court’s policy in this respect, plaintiffs commenced this action, resulting in a summary judgment in favor of the named defendants, being the members of this Court and the two Assignment Judges. The trial court based its decision on this Court’s exclusive power over the administration of the court system, including the power to determine its own policies in the judicial labor relations field, despite conflicting legislative provisions. Concerning the constitutional contentions, the decision below was based on the trial court’s perception of the present policy as temporary and therefore able to withstand attack on equal protection and due process grounds. Local 1044 appealed and we certified the matter directly. See Rule 2:12-2.

[500]*500II.

We deal first with the contention that the Court is compelled by its decision in Passaic County Probation Officers’ Association v. County of Passaic, supra, 73 N.J. 247, 374 A.2d 449 (1977) (Passaic I) to negotiate the agency-fee issue. That case involved a directive of the judiciary, issued by a chief probation officer, changing the working hours of probation officers, previously 9:00 a.m. to 4:00 p.m., by extending them to 4:30 p.m. The change, to conform those hours to the regularly scheduled court hours of trial judges, was effected without negotiations with the probation officers. The judiciary’s directive thus conflicted with the statute (N.J.S.A. 34:13A-5.3) that required such a change to be negotiated with the probation officers’ elected representative before it was put into effect. We held that the change was mandated by the needs of the effective administration of the courts and that the judiciary’s constitutional responsibility to meet those needs took precedence over the statute. After concluding that probation officers were so integral a part of the judiciary as to bring them within the scope of our constitutional power, we made the following observation:

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CWA Local 1044 v. Chief Justice of Supreme Court
572 A.2d 613 (Supreme Court of New Jersey, 1990)

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Bluebook (online)
572 A.2d 613, 118 N.J. 495, 1990 N.J. LEXIS 41, 134 L.R.R.M. (BNA) 2921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cwa-local-1044-v-chief-justice-of-supreme-court-nj-1990.