ruling that administrative agency did not exceed its authority by passing on First Amendment issue when necessary to resolve scope of negotiations issue because "`administrative agencies are competent to pass upon constitutional issues germane to proceedings before them,' [when] ... `such action is necessary so as to better focus the issue for judicial review, if such action is later necessary'"
How later courts described this case
- ruling that administrative agency did not exceed its authority by passing on First Amendment issue when necessary to resolve scope of negotiations issue because "`administrative agencies are competent to pass upon constitutional issues germane to proceedings before them,' [when] ... `such action is necessary so as to better focus the issue for judicial review, if such action is later necessary'"
- PERC did not exceed its authority by passing on constitutional issue where necessary to resolve scope of negotiation question
Written by the judges who cited it.
The opinion
PER CURIAM.
The judgment is affirmed substantially for the reasons expressed in the opinion of the Appellate Division, reported at 174 N.J.Super 468 (1980).