Another KSL Success: Partner Mark J. Semeraro, Esq. has successfully defended Passaic County’s Superintendent of Elections, Sherine El-Abd in an Order to Show Cause filed by the County of Passaic to show why a Preliminary Injunction should not be imposed against her enjoining the enforcement of a Collective Bargaining Agreement that she had lawfully entered into with the employees of her department.
Despite the fact that there was clear statutory language vesting the sole and exclusive authority in Ms. El-Abd to negotiate and execute the Collective Bargaining Agreement as well as set the salaries of those individuals employed in her department, and despite the fact that the County had entered into other Collective Bargaining Agreements on its own with similar increases and overtime provisions, the County decided to challenge Ms. El-Abd’s clear and exclusive authority to act.
On March 20, 2015, oral argument was held by Judge McVeigh, Chancery Judge, Passaic County Vicinage, who rendered her opinion Friday, May 8 2015. At that point Judge McVeigh ruled, as argued by Mr. Semeraro, that the law clearly and exclusively authorized Sherine El-Abd to enter into the Collective Bargaining Agreement and as such, the County lacked any authority to seek an injunction on the enforcement of the same.
Thereafter, the County filed a Motion to Stay the Court’s Order which Mr. Semeraro successfully opposed with Judge McVeigh ultimately denying the County’s request for a second time. While the litigation will now continue with regard to other issues in dispute, the injunction was denied, which is a victory for Ms. El-Abd and her department.
Mr. Semeraro has stated that he believes Judge McVeigh came to the right conclusion and is confident that his client ultimately will prevail on the balance of the issues with further litigation.