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Author: John Sarno, Employers Association of New Jersey

Summary

  • For most private sector employers in New Jersey, labor union organizing and labor relations generally is governed exclusively by the National Labor Relations Act (NLRA), which has exclusive jurisdiction. See Right to Organize and Bargain Collectively.
  • However, where the NLRA has no jurisdiction, state law can apply. Additionally, state laws could have only an indirect impact on union organizing and labor relations, and therefore would be valid. See Right to Organize and Bargain Collectively.
  • New Jersey is not a "right to work" state. See Right to Work.
  • Municipalities cannot over-regulate speech, symbolic or otherwise, endorsing unions, and employees cannot be disciplined under some circumstances for certain patriotic insignia, including the display of the American flag. See The Right to Free Speech; Discrimination for Displaying the American Flag.