Edward Maher, Plaintiff-Appellant and Cross-Respondent v. New Jersey Transit Rail Operations, Inc…

Summary

The Supreme Court of New Jersey held that the plaintiff's claim under the New Jersey Conscience Employee Protection Act is not preempted by the Railway Labor Act, that the claim under the New Jersey Law Against Discrimination is preempted as a minor dispute, and that the union's breach of duty of fair representation claim is not preempted. Accordingly, the appellate court's judgment was affirmed in part, reversed in part, and the case remanded to the Law Division. Justice O'Hern filed a partial concurrence and dissent, arguing that the LAD claim should not be preempted.