Moreno Roofing Co. v. Nagle

SKOPIL, Senior Circuit Judge:

The issue posited is whether a state law that requires an employer to repay state unemployment benefits when a worker receives a back pay award is preempted by the National Labor Relations Act. The employer contends that the state law interferes with the National Labor Relations Board’s authority to settle labor disputes and obtain back pay awards. The district court held that state law is not preempted because application of the law is both proeedurally and substantively separate from the NLRB’s jurisdiction. We affirm.

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Moreno Roofing Company was charged in…