Labor law and employment law are separate tracks
In the narrower sense, labor law means the rules for unions, organizing, and collective bargaining, which for most private employers fall under the National Labor Relations Act and the National Labor Relations Board. Unfair labor practice charges go to the Board rather than to court, and many disputes under a union contract go to grievance arbitration. Employment litigation, by contrast, covers individual and group claims about discrimination, wages, leave, and termination, usually in court or before agencies. Public employees in New York are covered by the state's Taylor Law rather than the federal labor board, with disputes going to the Public Employment Relations Board or, for many city workers, New York City's own labor agency. Some cases blend the two, which raises questions about which forum takes priority.
Preemption and the union contract
When a claim depends on interpreting a collective bargaining agreement, federal labor law can push it out of state court and into the contract's grievance process or federal court. Claims based on independent rights, such as many discrimination and wage protections, can often proceed on their own, though the line is frequently litigated. A union contract may also require arbitration of statutory claims, and courts generally look for clear language before holding employees to that. Getting this sorting right early avoids spending months in the wrong forum.
What goes into a first assessment
We review the collective bargaining agreement if there is one, any charge or complaint filed, and the communications between management, workers, and the union. We look at deadlines, which can be short for unfair labor practice charges and grievances, and at whether related cases are already pending. Where a matter involves both a union contract and statutory claims, we look at whether one proceeding should wait for the other. For employers, we consider how statements to employees during a dispute could themselves become the basis of a charge. For workers, we consider whether the union, the agency, or a court is the right place to raise the issue.
