Much of the case hinges on a small but important detail – when does the federal labor board obtain “preemption” over state court proceedings? Previous rulings, including Garmon, have asserted that if a union’s actions are protected, or even “arguably” protected, then the state courts must take a “jurisdictional hiatus.” Garmon allows the board to investigate and rule for either the employer or union.
The Biden administration, in this particular case, took a middle ground, arguing that the labor board should have been given more time to investigate before the state Supreme Court stepped in. “The Biden administration’s position is that not that the whole case should have proceeded but
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