Brown, Director, Department of Law and Public Safety, Division of Gaming Enforcement, State of New Jersey, et al. v. Hotel & Restaurant Employees & Bartenders International Union Local 54 et al. (468 U.S. 491)
U.S. Supreme Court · decided July 2, 1984 · Supreme Court Database (Spaeth)
- Citation
- 468 U.S. 491 · 104 S. Ct. 3179
- Decided
- July 2, 1984
- Term
- October Term 1983
- Vote
- 4–3
- Majority author
- Justice O'Connor
- Issue area
- Federalism
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Justice O’Connor delivered the opinion of the Court. In 1976, the citizens of New Jersey amended their State Constitution to permit the legislative authorization of casino gambling within the municipality of Atlantic City. Determined to prevent the infiltration of organized crime into its nascent casino industry and to assure public trust in the industry’s integrity, the New Jersey Legislature enacted the Casino Control Act (Act), N. J. Stat. Ann. § 5:12-1 et seq. (West Supp. 1983-1984), which provides for the comprehensive regulation of casino gambling, including the regulation of unions representing industry employees. Sections 86 and 93 of the Act specifically impose certain qualification criteria on officials of labor organizations representing casino industry employees. Those labor organizations with officials found not to meet these standards may be prohibited from receiving dues from casino industry employees and prohibited from administering pension and welfare funds. The principal question presented by these cases is whether the National Labor Relations Act (NLRA), as amended, 29 U. S. C. § 141 et seq., precludes New Jersey from imposing these criteria on those whom casino industry employees may select as officials of their bargaining representatives. We hold that it does not. I A The advent of casino gambling in New Jersey was heralded with great expectations for…
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