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if a state has a law that contradicts a union law then the union law is superior and should be followed in all cases. a famous case that showed this was called the factortame case where Britain tried to use its own fishing boat laws which contravened union law. the union found this action to be contrary to its laws and it was repealed.
Another View: (in the US) The above answer would be INCORRECT. Neither a labor union (nor anyone else for that matter) may have rules and regulations which contravene established US and state laws.
Wiki User
∙ 12y ago
Wiki User
∙ 8y agoTypically federal law prevails (preempts) state law.
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When there is a direct conflict between a federal law and a state law does the federal law prevail?
true
Can an ordinance be challenged in a court of law?
Yes, if the ordinance cannot be enforced because it violates state or federal constitution, or if it contradicts with superior law.
Can any Will be contested in the state of California?
Any Will can be contested but to prevail you must prove there are technical errors in the Will that cause it to be invalid under state law. You won't prevail simply because you don't likethe provisions.
Does federal law prevail over union negotiated contracts?
Yes. Federal law, state law and even municipal law prevail over negotiated contracts. A contract that requires one party to violate the law (e.g. a contract for an assassination), or relies on a concept invalidated by law (e.g. a contract for the sale of a slave) is unenforceable. Any law suit for breach of such a contract would be dismissed as soon as the violation of the applicable law was demonstrated. This is common to all jurisdictions based on British common law.
Why does federal law prevail over state laws?
Federal Laws prevail over state laws because of the supremacy clause listed in the constitution. The Supremacy clause states that the constitution is the supreme law of the land. Therefore, federal laws are greater than state laws.
If laws are different between states and the overall country laws which do you follow?
You would follow the laws of the State that you are in. The country's laws are there to govern the State, but the State is in control of their laws. There are not many State's that have a law that contradicts the National Law.
Can a union contract override a state law?
In California, when a union contract and state law are in conflict, then whichever provides more benefit to the employee prevails.
Which law must yield when a state law and a national law conflict?
The State's law must yield, because it stands beneath all forms of Federal Law. This is always true, because a state law can't go against a National law. ex. if the National law is you have to be 21 to drink and the state says you have to be 19 to drink, the national will overrun tha law of that state.
When did the union decide to make a law against slavery?
that the union should have a free state
What scenario is avoided because the constitution contains the supemacy clause?
b.) A state passes a law that contradicts the nineteenth amendment. EXPLANATION: Just took the quiz on APEX (honors gov quiz 2.2.3)
Will the specific law supersede general law?
If the specific law is, in fact, more applicable to the situation it will generally prevail.
What happens if a home rule law conflicts with a state law?
Generally, cities and counties and townships (etc.) are created by the State legislature and get all their powers of government by permission of the State. So if a local "home rule" law conflicts with a state law, the state law should prevail. The local law should be void and unenforceable. The law would call it "ultra vires" meaning the local government went beyond their authority to pass such a law. But if state law says that local governments are allowed to regulate things above and beyond the state level of regulation, then it's OK. So really, the answer is "it depends" on what law on what subject, and in what jurisdiction.
