Labor Law: Federal Pre-Emption: Scope of Arguable NLRB Jurisdiction
Issue Date
1963Author
Dickinson, Martin B., Jr.
Publisher
University of Michigan School of Law
Type
Article
Version
http://ssrn.com/abstract=2011235
Metadata
Show full item recordAbstract
This article addresses an important United States Supreme Court decision – Marine Engineers Beneficial Assn. V. Interlake S. S. Co., 370 U.S. 173 (1962). In this case the Court held the National Labor Relations Board has plenary authority over situations in which an unfair labor practice is alleged, and a state court has no power to issue an injunction against either party. The article concludes that the reasoning and result is sound under existing law, but that there can be situations in which immediate action is necessary to avoid violence or other damage. The article argues for an approach that would permit court intervention in appropriate cases.
Description
Full-text available at SSRN. See link in this record.
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Citation
Martin B. Dickinson Jr., Labor Law: Federal Pre-Emption: Scope of Arguable NLRB Jurisdiction, 61 MICH. L. REV. 994 (1963).
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