Belknap, Inc. v. Hale-Problems with Preemption and the Rights of Economic Strikers

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thereby minimizing industrial strife. 9 Later, in 1945 the Court held in Hill v.Florida t that states can not enact regulations which burden the exercise of rights guaranteed to employees by the NLRA.I I As a result, federal law preempts state law that conflicts with the federal labor legislation.While inconsistent state labor laws must yield to the federal comprehensive scheme evidenced by the NLRA, state and federal courts have varied in their interpretation of which state laws are inconsistent with the NLRA.12Courts have disagreed on when state law can operate in connection with a labor-management controversy.As a result, the Supreme Court has gradually developed a "preemption doctrine."The doctrine has had a chaotic history and has caused much confusion.Despite the morass of case law, however, there has been some consistency in the Court's preemption decisions.The United States Supreme Court applies two different theories under the preemption doctrine.The first theory has been labe

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