Work

State Right-to-Work Laws and Federal Labor Policy

Year: 1964

Type: article

Abstract: ONGRESS in the Labor Management Relations Act' has adopted a na- tional policy toward labor-management relations, and has entrusted the administration of that policy "to a centralized administrative agency, armed with its own procedures, and equipped with its specialized knowledge and cumulative experience."' In order to avoid the danger of state interference with national policy, state courts and agencies must yield to the exclusive jurisdiction of the National Labor Relations Board with respect to any activity that is "arguably" protected by section 7 3 or prohibited by section 81 of the Act.This is the general catechism of the federal preemption doctrine as taught by the Supreme Court. 5 In the context of that teaching, the application of state "right-to-work"

Source: California Law Review

DOI: 10.2307/3479000

Authors: Joseph R. Grodin, Duane B. Beeson

Institutions: Harvard University, Lafayette College, University of London, Yale University, University of California, Berkeley

Language: English

Topic: Legal and Labor Studies

Subfield: Industrial relations

Field: Business, Management and Accounting

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: green

OpenAlex ID: W4211089190

FWCI:

Cites:

Cited by: 1

Related to: 10