New Jersey Supreme Court to Review Federal Preemption of Whistleblower Claims

Last October, we blogged on the New Jersey Appellate Division’s decision in Puglia v. Elk Pipeline, Inc., No. A-5273-12T4, 2014 WL 5042053 (N.J. Super. App. Div. Oct. 10, 2014), in which the court found that a union employee’s Conscientious Employee Protection Act (CEPA) whistleblower claims implicating provisions of the governing collective bargaining agreement were preempted by federal labor law. On February 3, 2015, the New Jersey Supreme Court granted certiorari on that precise issue: “Are plaintiff’s [CEPA] claims preempted by federal law because they required interpretation and analysis of the terms of the parties’ collective bargaining agreement?”

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