Alcantara v. Allied Properties, LLC
Plaintiff-workers filed a lawsuit in New York state court alleging violations of the New York Displaced Building Service Workers Protection Act (NYDWPA) by new building owners. The plaintiffs sought restoration of their employment and back wages and benefits. The defendants removed the case to federal court, arguing that the state law claims were preempted by the National Labor Relations Act (NLRA) and the Labor Management Relations Act (LMRA). The court examined Garmon preemption, Machinists preemption, and Section 301 preemption. It concluded that none of these federal preemption doctrines provided a basis for removal to federal court. The court noted that the state court should be given the opportunity to construe the municipal law's provisions before federal intervention. Therefore, the plaintiffs' motion to remand the case to state court was granted.