Covered by CBA, Employee’s State Law Whistleblower Claim Preempted by Federal Law, New Jersey Court Rules

The National Law Review

An employee represented under a collective bargaining agreement (“CBA”) is barred from claiming whistleblower retaliatory discharge under the New Jersey Conscientious Employee Protection Act (“CEPA”) against his employer where his claim necessitates an interpretation of the CBA, the Superior Court of New Jersey, Appellate Division has ruled. Puglia v. Elk Pipeline, Inc., et al., No. A-0886-13T1 (N.J. Super. Ct. App. Div. Oct. 10, 2014).