Note:
Patrick J. Maher, Private Preemption of State Labor Laws: A Constitutional Objection, 58 Texas L. Rev. 1099 (1980).
 

Abstract:
This Note considers the rule of International Brotherhood of Teamsters v. Oliver regarding the relationship between the National Labor Relations Board Act and inconsistent state laws. The Note argues that the Oliver rule is largely unsupported. It examines the reasoning underlying the rule and concludes that mainstream labor law preemption cases to not support the rule. The Note also argues that the rule raises a serious constitutional problem regarding the doctrine of nondelegation of legislative powers.