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INTER. UNION OF OPERATING ENGINEERS, LOCAL 68, AFL-CIO v. DRBA

147 N.J. 433 (1997)

688 A.2d 569

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 68, AFL-CIO, D.R.B.A. EMPLOYEES ASSOCIATION A/W INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 68, AFL-CIO, AND OLIVER TWIST, JUDITH TWIST, KEVIN BAILEY, MARK P. DESORBO, DAVID R. OAT, DAVID A. CUSICK, JOHN M. BUNTING, A.R. SIMMONS, J. DAVID JOHNSON, ROY S. MACCULLOCH, DANIEL A. SLATER, SR., GERALD H. FOSTER, SR., AND DAVID E. BARNETT ON BEHALF OF THEMSELVES AND ALL OTHER PERSONS SIMILARLY SITUATED, PLAINTIFFS-RESPONDENTS, v. THE DELAWARE RIVER AND BAY AUTHORITY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided February 11, 1997.

Attorney(s) appearing for the Case

Wayne J. Positan argued the cause for appellant (Lum, Danzis, Drasco, Positan & Kleinberg, attorneys; Domenick Carmagnola and Christina Silva Lee, on the briefs).

Raymond G. Heineman argued the cause for respondents (Kroll & Heineman, attorneys).

John A. Zagorski submitted a brief on behalf of amicus curiae Delaware River Port Authority (Mr. Zagorski, attorney; Mr. Zagorski and Roxanne P. La Roc, on the brief).

Hugh H. Welsh submitted a brief on behalf of amicus curiae The Port Authority of New York and New Jersey (Mr. Welsh, attorney; Mr. Welsh and Donald F. Burke, on the brief).

Gerald P. Lally, General Counsel, submitted a letter brief on behalf of amicus curiae Waterfront Commission of New York Harbor.

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

This appeal raises two issues. The first is whether the New Jersey courts have jurisdiction over a Congressionally approved interstate ("CAI") compact, specifically the compact between the states of New Jersey and Delaware ("the Compact") creating the Delaware River and Bay Authority (the "DRBA"). If so, the second issue is whether the laws of New Jersey and Delaware are substantially similar concerning the right...

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