HAYDEN BROOK LOGGING, INC. v. STATE


574 A.2d 301 (1990)

HAYDEN BROOK LOGGING, INC. v. STATE of Maine.

Supreme Judicial Court of Maine.

Decided May 3, 1990.


Attorney(s) appearing for the Case

Paul Stern (orally), Asst. Atty. Gen., Augusta, for defendant.

Before McKUSICK, C.J., and ROBERTS, WATHEN, GLASSMAN, CLIFFORD, HORNBY and COLLINS, JJ.


HORNBY, Justice.

Hayden Brook Logging, Inc., an employer, brought this declaratory judgment action against the State to establish that federal labor law preempts a state statute regulating the hiring of replacement workers during a strike. The statute, 26 M.R. S.A. § 595 (1988), provides that an employer may not engage in specified hiring activities at any of its sites where a labor dispute, strike or walkout is occurring, that an employer must find a separate...

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