International Union of Operating Engineers, Local 68 v. Delaware River & Bay Authority

The Court has done what the Legislatures of New Jersey and Delaware have not — amend the congressionally-approved Interstate Compact (the Compact) between Delaware and New Jersey to require the Delaware River and Bay Authority (the DRBA) to negotiate collectively with its employees. I believe that the Court does not have the power to amend the Compact unilaterally or to impose additional duties and obligations, arising under New Jersey law, on the DRBA without Delaware’s consent.

The majority finds that New Jersey has the power to amend Articles VII(e) and VIII of the Compact because the labor…