Legal Definitions - Garmon preemption

Garmon preemption is a legal doctrine that prohibits state and local governments from regulating certain activities that are protected or prohibited by federal law. This doctrine is named after the Supreme Court case San Diego Bldg. Trades Council v. Garmon.

• Labor Law: Garmon preemption applies to labor law, where state and local governments are prohibited from regulating activities that are protected by the National Labor Relations Act (NLRA). For example, a state law that restricts the right of employees to organize and bargain collectively would be preempted by the NLRA.
• Public Lands: Garmon preemption can also apply to public lands, where the occupation of public land can establish a preemptive title. For example, if someone occupies public land and establishes a homestead, they may be able to claim a preemptive title to that land.

These examples illustrate how Garmon preemption can prevent state and local governments from regulating certain activities that are protected or prohibited by federal law. This is because federal law takes precedence over state and local law when there is a conflict between the two.