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MAHER v. NEW JERSEY TRANSIT R.O.

125 N.J. 455 (1991)

593 A.2d 750

EDWARD MAHER, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. NEW JERSEY TRANSIT RAIL OPERATIONS, INC., DEFENDANT-RESPONDENT AND CROSS-APPELLANT, AND BROTHERHOOD OF RAILROAD SIGNALMEN, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided August 1, 1991.

Attorney(s) appearing for the Case

Sanford R. Oxfeld argued the cause for appellant and cross-respondent (Balk, Oxfeld, Mandell & Cohen, attorneys).

Andrea M. Silkowitz, Assistant Attorney General, argued the cause for respondent and cross-appellant (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Harrier Heuer Miller, Deputy Attorney General, on the brief).

Timothy R. Hott argued the cause for respondent (Hott & Margolis, attorneys).

Richard E. Shapiro, Director, Division of Public Interest Advocacy, argued the cause for amicus curiae, Public Advocate (Wilfredo Caraballo, Public Advocate, attorney; Richard E. Shapiro and Kevin H. Marino, Director of Litigation, on the brief).

The opinion of the Court was delivered by CLIFFORD, J.

This appeal presents questions of federal preemption, under provisions of the Railway Labor Act, 45 U.S.C.A. §§ 151 to 188, and the Federal Railroad Safety Act, 45 U.S.C.A. §§ 421 to 444, of state-law-based claims involving employees' rights.

Plaintiff, Edward Maher, dismissed from his employment with defendant New Jersey Transit...

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