National Labor Relations Board (NLRB) Acting General Counsel William Cowen stated today that recent measures related to private sector labor disputes under consideration by several state legislatures due to the Board’s lack of a quorum “very likely would be preempted by the National Labor Relations Act” (NLRA). The NLRB’s press release asserts that states are not permitted to regulate conduct “that the NLRA protects, prohibits, or arguably protects or prohibits” and adds that “any concern that the National Labor Relations Board is unable to fulfill its statutory duties under the Act is unfounded.”
