Plaintiffs Unable to Pursue LAD Claims
Obtained summary judgment in a matter in Camden County, New Jersey. The three plaintiffs, who were formerly employed by the defendant company as painters and/or painter’s helpers and were members of a union, argued that they were laid off and not rehired due to their age, a violation of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-12. The defendant argued that the plaintiffs’ claims were preempted by the Labor Management Relations Act, 29 U.S.C.A. Section 185(a) (LMRA) and the National Labor Relations Act, 29 U.S.C.A. Sections 151-166 (NLRA) as they required an analysis of the collective bargaining agreement. The plaintiffs argued that such an analysis was not required as all parties agreed on the existence of a collective bargaining agreement and that they should be able to pursue their LAD claims. The court agreed with the defendant and granted summary judgment as to all claims.