Gerald Hathaway analyzes Judge McCurn's decison on "Labor Neutrality Law"

"Judge Throws Out 'Labor Neutrality Law'," Central New York Business Journal

New York's Labor Law Section 211, which states that employers cannot use state money to voice matters of union organizing, was preempted by the NLRA on May 17. The ruling by Senior U.S. District Judge Neal P. McCurn offered that 211 ”effects [sic] the policy of neutrality in the labor arena by allowing unions to actively participate in union organization campaigns, while at the same time significantly curtailing ability of employers to voice their opposition to unions.” Littler's Gerald Hathaway says that “Judge McCurn's decision reinforces the law that states can't create broad-brush rules. States shouldn't be in the business of managing labor relations,” and feels that employers will now breathe a sigh of relief that they are once again free to voice their opinion on matters of union organizing while accepting state money.

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