Brown v. Hotel and Restaurant Employees
Brown v. Hotel and Restaurant Employees, 468 U.S. 491 (1984), is a 4-to-3 ruling by the United States Supreme Court which held that a New Jersey state gaming law requiring union leaders to be of good moral character was not preempted by the National Labor Relations Act (NLRA).
| Brown v. Hotel and Restaurant Employees | |
|---|---|
Supreme Court of the United States | |
| Argued March 26, 1984 Decided July 2, 1984 | |
| Full case name | 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. |
| Citations | 468 U.S. 491 (more) |
| Case history | |
| Prior | Hotel and Restaurant Employees v. Danzinger, 536 F. Supp. 317 (D.N.J. 1982); reversed, 709 F.2d 815 (3d Cir. 1983); probable jurisdiction noted, 464 U.S. 990 (1983). |
| Subsequent | Case remanded to the Court of Appeals with instructions to remand to the District Court for further proceedings |
| Holding | |
| New Jersey's Casino Control Act, which imposed qualification standards on casino industry union officials, is not pre-empted by the National Labor Relations Act | |
| Court membership | |
| |
| Case opinions | |
| Majority | O'Connor, joined by Burger, Blackmun, Rehnquist |
| Dissent | White, joined by Powell, Stevens |
| Brennan, Marshall took no part in the consideration or decision of the case. | |
| Laws applied | |
| Casino Control Act, N.J. Stat. Ann. Section 5:12-1 et seq.; National Labor Relations Act | |
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