The National Labor Relations Board, with certain exceptions, has exclusive jurisdiction over labor disputes involving union activity which the provisions of the National Labor Relations Act may either protect or prohibit. In Sears, Roebuck & Co. v. San Diego County District Council of Carpenters, the United States Supreme Court excepted from this doctrine of federal preemption labor disputes involving peaceful trespassory union activity. This Comment examines the Sears decision and its impact and concludes that although the decision purports to create only an exception to the doctrine of federal preemption, the Sears exception undermines the very purpose and efficacy of the doctrine itself.
Sears, Roebuck & Co. v. San Diego County District Council of Carpenters: The Demise of Federal Preemption of Labor Disputes,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol16/iss5/6