Tag Archive: Preemption

Oct 29

Navigating the NLRB’s New Preemption Decisions

The National Labor Relations Board (“NLRB”) recently decided a pair of cases that raised important issues about the nature of federal preemption.[1] These companion cases both explored the dimensions of so-called “Garmon” preemption,[2] a doctrine that limits states’ role in regulating activity that is subject to federal regulation pursuant to the National Labor Relations Act (“NLRA” or “Act”).[3] While the decisions reaffirmed traditional preemption principles, they expanded the reach of the NLRB’s power to find that filing certain types of state court lawsuits amounts to an unfair labor practice and to enjoin these state court lawsuits when they are preempted by federal law.

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