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U.S. District Court for the Northern District of New York

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1:03-cv-00413-NPM-RFT

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U.S. District Court for the Northern District of New York addresses preemption of state law by National Labor Relations Act

September 07, 2011

Previously, the U.S. District Court for the Northern District of New York ruled that it is not bound by the Second Circuit's mandate in light of the Supreme Court's decision in Chamber of Commerce v. Brown. In 2006, the Second Circuit overturned a district court ruling that a New York law restricting employers from using state money to encourage or discourage union organizing is preempted by federal labor law, and remanded the case back to district court for factual development.

On 9/7/11, the District Court held that N.Y. LAB. LAW § 211-a is preempted by the National Labor Relations Act under the doctrine of Machinists preemption, and the state is permanently enjoined from implementing or enforcing the statute.

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