SALVATORE PUGLIA VS. ELK PIPELINE, INC., ET AL.
We consider the propriety of the summary judgment dismissal of plaintiff's retaliatory discharge claim under the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14, based on his lay-off at the near completion of a public works construction project. We conclude plaintiff's claim is dependent on the interpretation of the parties' collective bargaining agreement (CBA). Accordingly, redress is governed by federal law and the state CEPA claim is preempted by section 301(a) of the Labor Management Relations Act of 1947 (LMRA), 29 U.S.C.A. § 185(a), and the National Labor Relations Act of 1935 (NLRA), 29 U.S.C.A. §§ 151-166.