Opinion
DOCKET NO. A-4487-14T2
09-30-2016
IN THE MATTER OF THE TOWNSHIP OF HARRISON, Appellant, and EDWARD SELB, GEORGE POLITZA, CHRISTINE KEMP, JOSEPH MARCHEI, and GEORGE MARRA, Respondents.
Blaney & Karavan, P.A., attorneys for appellant (William G. Blaney, on the briefs). Weir & Partners, LLP, attorneys for respondents Edward Selb, George Politza, Christine Kemp, Joseph Marchei and George Marra (Daniel E. Rybeck, on the brief). Robin T. McMahon, General Counsel, attorney for respondent New Jersey Public Employment Relations Commission (Don Horowitz, Senior Deputy General Counsel, on the brief).
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is only binding on the parties in the case and its use in other cases is limited. R.1:36-3. Before Judges Fuentes, Simonelli and Carroll. On appeal from the New Jersey Public Employment Relations Commission, Docket No. AR-2015-573. Blaney & Karavan, P.A., attorneys for appellant (William G. Blaney, on the briefs). Weir & Partners, LLP, attorneys for respondents Edward Selb, George Politza, Christine Kemp, Joseph Marchei and George Marra (Daniel E. Rybeck, on the brief). Robin T. McMahon, General Counsel, attorney for respondent New Jersey Public Employment Relations Commission (Don Horowitz, Senior Deputy General Counsel, on the brief). PER CURIAM
Respondents are retired members of PBA Local 178 who filed a grievance with appellant Township of Harrison challenging the Township's change in its health insurance providers for retirees from Horizon Blue Cross/Blue Shield to Oxford United Healthcare. Respondents claimed the change violated the collective bargaining agreement in effect between the parties. Following the denial of their grievance, respondents filed a complaint in lieu of prerogative writs in the Law Division. The court dismissed the case without prejudice and stated that respondents may seek relief from the New Jersey Public Employment Relations Commission (PERC).
Respondents filed a request with PERC for submission of the grievance to a panel of arbitrators. PERC ultimately determined that because respondents were not current employees of the Township, they lacked standing and must proceed through their union. PERC declined to appoint an arbitrator.
The Township appeals from PERC's decision. Because the Township is not the party aggrieved by PERC's decision, it lacks standing to appeal. It is well-established that only "'a party aggrieved by a judgment may appeal therefrom. It is the general rule that to be aggrieved a party must have a personal or pecuniary interest or property right adversely affected by the judgment in question.'" State v. A.L., 440 N.J. Super. 400, 418 (App. Div. 2015) (quoting Howard Sav. Inst. v. Peep, 34 N.J. 494, 499 (1961). See also Pressler & Verniero, Current N.J. Court Rules, comment 2.1 on R. 2:2-3 (2016). Here, the Township is actually the prevailing party because PERC declined to consider the retired police officers' petition.
Dismissed. I hereby certify that the foregoing is a true copy of the original on file in my office.
CLERK OF THE APPELLATE DIVISION