Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

Tuesday, September 20, 2011

New York Labor Law 211-a (Labor Neutrality Statute) Preempted by NLRA

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

Labor Law, New York Law | Permalink


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