was that his status in the PBA was itself the predominant rea-
son he was not selected to be chief. Because the appeals court
found that membership in the PBA and SOA is always a mat-
ter of public concern, the court concluded that the officer’s
claim of retaliation because of his association with the PBA
and SOA deserved constitutional protection. Accordingly, the
court held the lawsuit should proceed for a determination of
whether the township and business administrator retaliated
against him simply because of his union membership.
This decision is very important to all PBA and SOA mem-
bers. First, it is a binding precedent in the geographic area
covered by the Third Circuit, which includes New Jersey. Sec-
ond, it protects activity on behalf of the PBA and SOA, even if
there is no specific claim of speech-related advocacy. Third,
the court’s conclusion that membership in a public-sector
union, including the PBA and SOA, is always a matter of public
concern and binding on the lower federal courts in New Jersey
should prevent any inconsistent decisions by lower courts.
However, one caveat to keep in mind, as we referenced pre-
viously, is that there is a difference in how the various courts of
appeal have addressed the issues in this case, and it could end
up before the U.S. Supreme Court. Given the recent and ongo-
ing controversy about the political direction of the court, we
will be watching to see if and how the court handles these im-
portant issues. We will keep the NJ State PBA and PBA mem-
bers advised of any future developments.
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