Another KSL victory: Margaret Mary McVeigh, P.J. CH has granted Mark J. Semeraro’s motion to dismiss and issued an Order dismissing the County of Passaic’s lawsuit against its own Superintendent of Elections on August 14, 2015. The County attempted to void a Collective Bargaining Agreement the Superintendent had negotiated in good faith with the Communication Worker’s of America, AFL-CIO, Local 1032 in the much publicized lawsuit, County of Passaic vs. Sherine El-Abd, SOE of Passaic County, Docket No., C-15-15.
From the beginning, Mr. Semeraro proclaimed that the right to negotiate and execute the Collective Bargaining Agreement in question was solely within Ms. Superintendent, El-Abd’s authority and that this lawsuit was frivolous as there was no basis in law or fact to support it.
Earlier in this litigation, Mr. Semeraro prevailed in defending an Order to Show Cause seeking an injunction on the Superintendent and then again on a motion for reconsideration filed by the County. Even though successful, Mr. Semeraro had indicated that the case was not over, but predicted that Superintendent El-Abd would ultimately prevail as she has just done via the Court’s August 15, 2015 Order.
Ultimately, the Court agreed with Mr. Semeraro and concluded that the County’s complaint had no basis in law or in fact and dismissed it with prejudice.
Superintendent El-Abd and Mr. Semeraro are satisfied with the Court’s decision and thorough legal analysis.