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New Jersey Supreme Court’s New Year’s Docket to Include a Matter that Could Affect Whistleblower Claims

On January 5, 2016, the New Jersey Supreme Court is scheduled to hear oral argument in a matter suggesting that section 301(a) of the Labor Management Relations Act of 1947 (“LMRA”) (which creates a federal cause of action for the breach of a private sector collective bargaining agreement) and the National Labor Relations Act (“NLRA”) (which governs private-sector labor relations) preempt claims brought by a putative whistleblower under the New Jersey Conscientious Employee Protection Act, N.J. Stat. § 34:19-1 (“CEPA”). Continue Reading