A novel New York bill allowing the state to oversee private union disputes while the National Labor Relations Board lacks a quorum heralds legal battles over a decades-old doctrine that reserves labor-relations authority to the federal government. Fordham Law Professor James Brudney spoke with Bloomberg Law about how effective the bill would be.
Nominations are “imminent,” NLRB Chair Marvin Kaplan said June 10. But if the board continues without a quorum, that strengthens the argument that Garmon preemption should be reconsidered, Fordham University School of Law professor James Brudney said.
“An extended period in which the board is nonfunctional,” Brudney said, “should not mean that individuals are reduced to the law of the jungle if states have passed suitable legislation.”
Read “New York Leads Charge to Fill NLRB Void, Teeing Up Labor Fights” on Bloomberg Law.