Tuesday, September 20, 2011
In Healthcare Association v. Cuomo, ___F. Supp. 2d___(N.D.N.Y. Sept. 7, 2011), the court in a 14 page decision held that New York's Labor Neutrality statute (Labor Law Sec. 211-a) was preempted by the NLRA. The court basically held that Congress intended to occupy the field and applied so called Machinists preemption principles relying heavly on the Supreme Court's 2008 decision in Chamber of Commerce v. Brown.
What I found most interesting about the decision was that no union appeared as an amicus or sought to intervene. Undoubtedly, this decision will be appealed.
Mitchell H. Rubinstein