Union Member's Retaliation Claim Isn't Pre-empted by Federal Law

The Superior Court of New Jersey’s Appellate Division this week revived an injured worker’s discrimination and retaliation claims, finding his claims were not pre-empted by a federal collective bargaining law. Section 301 of the U.S. Labor Management and Relations Act vests the federal courts with exclusive jurisdiction over the enforcement of union contracts to promote the consistent resolution of labor-management disputes. However, the Appellate Division said, this does not mean "every dispute concerning employment, or tangentially involving a provision of a collective...