Matter of Judges of Passaic County

This appeal concerns the proper procedure for determining who is a judicial employee for the purpose of resolving issues of representation in public employment. We agree with the Public Employment Relations Commission that it lacked the jurisdiction to make a final resolution of that issue in the circumstances of this case. We believe, however, that Passaic County is entitled to a hearing on its contentions that the subject employees are not judicial employees, and hence, as a matter of comity, we remand the cause to the Commission for a factual recommendation on that issue.

I

The dispute began…