I want to travel, against the flow of traffic, down what many consider a one-way analytical street. My thesis is that, contrary to prevailing wisdom, the National Labor Relations Act (NLRA) does not wholly preempt the states' ability to adopt laws facilitating unionization and enhancing employee leverage in collective bargaining with employers.
Michael H. Gottesman,
Rethinking Labor Law Preemption: State Laws Facilitating Unionization,
Yale J. on Reg.
Available at: http://digitalcommons.law.yale.edu/yjreg/vol7/iss2/3