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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued December 12, 2001

The novel question presented by this appeal is whether non-supervisory attorneys employed by the City of Newark in its office of corporation counsel may organize and join a union. Following an election ordered by the Public Employment Relations Commission, the Association of Government Attorneys was certified as the employees’ representative. The City appeals, contending: (1) the Commission erred in ordering the election, (2) the Rules of Professional Conduct bar municipal attorneys from joining a union, (3) the Commission’s decision intrudes upon the Supreme Court’s exclusive jurisdiction to regulate the practice of law, (4) collective negotiations conflict with statutes and ordinances providing that the City’s lawyers serve at the pleasure of corporation counsel, and (5) as managerial and confidential employees, the attorneys’ overriding duty of loyalty to the City precludes them from organizing for the purpose of collective bargaining. We reject these arguments and affirm the Commission’s decision.

 
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