Supreme Court of New Jersey

Chamber of Commerce of the United States of America and New Jersey Chamber of Commerce, Plaintiffs-Respondents, v…

May 3, 198289 N.J. 131

Summary

The New Jersey Supreme Court affirmed in part the trial court's decision, holding that the Strikebreakers Act is preempted by the National Labor Relations Act as to employers and employees covered by the NLRA, but that sections prohibiting third‑party recruitment and employment‑agency referrals are constitutional. The Court also held that, after severing the phrase “or to supply from without the State,” the remaining provision does not violate the Commerce Clause, and that the Act satisfies due‑process and equal‑protection requirements.