In 1976, the citizens of New Jersey amended their state constitution to permit the legislative authorization of casino gambling in Atlantic City.

Determined to prevent the infiltration of organized crime into its nascent casino industry, the New Jersey legislature enacted the Casino Control Act, 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. (Section 86, for example, contains a list of crimes, conviction of which disqualifies a union officer from representing casino employees.) A hotel employees’ union challenged the state law, arguing that it was preempted by the NLRA, which gives employees the right to select collective bargaining representatives of their own choosing. The case reached the U.S. Supreme Court.

How should the Supreme Court have ruled?

Why? See Brown v. Hotel Employees Local 54 [468 U.S. 491116 L.R.R.M. 2921 (1984)].