Van-Go Transport Co. v. New York City Board of Education

MEMORANDUM AND ORDER

TRAGER, District Judge.

At its core, this case is about the clash between an employer’s right, under federal law, to replace striking workers, and a local governmental policy, adopted allegedly for public safety reasons, that would effectively nullify that right. The precise issue is whether the state action at issue, refusing to conditionally certify workers who would act as strike replacements, was pre-empted by federal labor law.

Background

Plaintiffs, Paul and Isaac Dachs, are the principals of plaintiffs Van-Go, Sterling Coach and Celebrity Transit, corporations in the…