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

Summary

The Supreme Court of New Jersey affirmed the appellate court’s decision that the whistleblower claim under the New Jersey Conscientious Employee Protection Act is not preempted by the Railway Labor Act, reversed the dismissal of the union’s duty‑of‑fair‑representation claim, and affirmed the dismissal of the disability‑discrimination claim under the New Jersey Law Against Discrimination as a preempted minor dispute, remanding the case for further proceedings on the fair‑representation claim.