Catholic University Law Review Volume 30 Issue 3 Spring 1981 Article 7 1981 Federal Preemption: State Strikebreaking Laws and the National Labor Policy Frank Martorana Follow this and additional works at: https://scholarship.law.edu/lawreview Recommended Citation Frank Martorana, Federal Preemption: State Strikebreaking Laws and the National Labor Policy , 30 Cath. U. L. Rev. 521 (1981). Available at: https://scholarship.law.edu/lawreview/vol30/iss3/7 This Notes is brought to you for free and open access by CUA Law Scholarship Repository. It has been accepted for inclusion in Catholic University Law Review by an authorized editor of CUA Law Scholarship Repository. For more information, please contact
[email protected]. NOTES FEDERAL PREEMPTION: STATE STRIKEBREAKING LAWS AND THE NATIONAL LABOR POLICY The preemption doctrine, as applied to the national labor relations laws and, more generally, to national labor policy, has been a much litigated area.' The doctrine, based on the supremacy clause of the United States Constitution, provides that, where a conflict exists, state law must yield to the exercise of congressional authority.2 Congress has exerted its authority over labor relations in three major statutes: the National Labor Relations Act of 1935 (NLRA);3 the Labor Management Relations Act of 1947 (LMRA),4 which amended and incorporated the NLRA;5 and Title VII of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA).6 The enactment of these comprehensive federal labor-man- agement relations laws indicates the recognition by Congress that the free flow of commerce requires a centralized regulatory scheme to ensure in- 1. See generally Cox, Labor Law Preemption Revisited, 85 HARV.