Preemption under the Machinists rule forbids both the NLRB and the states from regulating conduct that Congress intended "be unregulated and left to be controlled by the free play of economic forces". How does the Machinist rule apply to the present case?
Under the Machinist rule congressional intent to shield a zone of activity from regulation is usually found only "implicitly" in the structure of the Act. However, the act itself, primarily Section 8 (c) expressly precludes regulation of speech so long as the communications do not contain a "threat of reprisal or force or promise of benefit". Gissel p. 618.
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