Is it Time to End Labor Preemption?

Source: Sharon Block and Benjamin Sachs, On Labor Blog, September 11, 2017

Serious thinking about labor law reform seems to be coalescing around a few themes. One of these is the possibility of allowing state and local intervention into the rules of union organizing and collective bargaining. Pursuing that goal would mean reconsidering the preemptive effect of federal labor law.
This theme was clearly reflected in our Labor Day opinion writing wrap up. Newsweek published Sharon’s op-ed in which she argued that the debate over bold labor law reform has to include consideration of preemption rules. The New York Times ran an op-ed by Brishen Rogers and Willy Forbath in which they recommended that the NLRA be amended to allow state and local governments to legislate new models of collective bargaining above the floor of the NLRA. Moshe Marvit made the case in the American Prospect that the Supreme Court should revisit its precedent regarding NLRA preemption in order to allow more experimentation at the state and local level.