Section 48 Garmon Preemption

• Library: Employer-Employee Law 2008

In discussing state court jurisdiction, it is necessary to first address the Supreme Court’s decision in San Diego Building Trades Council, Millmen’s Union, Local 2020 v. Garmon, 359 U.S. 236 (1959), and the effect of federal preemption in picketing cases. In Garmon, an employer had obtained a state court injunction against picketing that was found to be tortious under state law. Upon its second review of the case, the Supreme Court overturned the state’s award of damages and held that the activities came under the protection of the National Labor Relations Act (NLRA), 29 U.S.C. §§ 151 et seq., and that federal preemption required the state to yield. The bottom line is that picketing that is protected or prohibited by the NLRA is preempted from state regulation. See also:

• Sears, Roebuck & Co. v. San Diego County Dist. Council of Carpenters, 436 U.S. 180 (1978)

• Jack Cooper Transp. Co. v. Stufflebeam, 280 S.W.2d 832
  (Mo. banc...