NLRA Preemption of State Wrongful Discharge Claims

Authors

Alan J. Haus

Abstract

The potential federal preemption of state law causes of action for wrongful discharge brought by unionized employees has puzzled the courts in several states. This Comment argues that since few of these actions implicate NLRB jurisdiction, the major line of labor law preemption cases is not relevant to the problem. The Comment then argues for the application of cases from the less frequently litigated areas of labor law preemption. The Comment concludes that wrongful discharge actions which protect interests authorized by the NLRA should be preempted, while those state claims which protect interests not related to the NLRA should be sustained.

Recommended Citation

Alan J. Haus, NLRA Preemption of State Wrongful Discharge Claims, 34 Hastings L.J. 635 (1983).
Available at: https://repository.uclawsf.edu/hastings_law_journal/vol34/iss3/4