conflict preemptionsee obstacle preemption

Garmon preemption. Labor law. A doctrine prohibiting state and local regulation of activities that are actually or arguably (1) protected by the National Labor Relations Act’s rules relating to the right of employees to organize and bargain collectively, or (2) prohibited by the National Labor Relations Act’s provision that governs unfair labor practices. San Diego Bldg. Trades Council v. Garmon, 359 U.S. 236, 79 S.Ct. 773 (1959).

— Also termed Garmon doctrine. See COLLECTIVE BARGAINING; UNFAIR LABOR PRACTICE. [Cases: Labor Relations 45. C.J.S. Labor Relations § 23.]

Machinists preemption. Labor law. The doctrine prohibiting state regulation of an area of labor activity or management–union relations that Congress has intentionally left unregulated. Lodge 76, Int’l Ass’n of Machinists v. Wisconsin Employment Relations Comm’n, 427 U.S. 132, 96 S.Ct. 2548 (1976). [Cases: Labor Relations 45. C.J.S. Labor Relations § 23.]

obstacle preemption. The principle that federal or state law can supersede or supplant state or local law that stands as an obstacle to accomplishing the full purposes and objectives of the overriding federal or state law.

— Also termed conflict preemption.

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词条贡献者

译员黎川，在一家顶尖澳洲律师事务所的上海办公室担任全职法律翻译，擅长翻译涉及工业与制造业领域的法律文件。