Garmon Preemption Law and Legal Definition

Garmon preemption is a labor law doctrine. This doctrine forbids or prohibits state and local

regulation of activities that are actually or arguably:

a. Protected by the National Labor Relations Act’s rules relating to the right of employees to organize and bargain collectively; or

b. Prohibited by provisions of the National Labor relations Act that govern unfair labor practices.

Garmon preemption is also known as Garmon doctrine.

The following is an example of a case law referring to the term:

Garmon preemption requires deference to the exclusive competence of the National Labor Relations Board when an activity is either arguably protected by § 7 (29 U.S.C.S. § 157) of the National Labor Relations Act (NLRA), 29 U.S.C.S. § 151 et seq., or arguably prohibited by NLRA § 8, 29 U.S.C.S. § 158. [Rider v. MacAninch, 424 F. Supp. 2d 353 (D.R.I. 2006)].