Barbosa

This ease involves several complicated questions regarding the preemptive effect of the National Labor Relations Act (“NLRA” or “the Act”). Bud Antle, Inc., (“Bud” or “the company”) appeals the district court’s Rule 12(b)(6) dismissal of its action against the members and executive secretary of the California Agricultural Labor Relations Board (“ALRB” or “state board”). 1 The company claims that the National Labor Relations Act ousts the ALRB of jurisdiction to adjudicate various unfair labor practice charges which are now pending before the state board. It seeks injunctive relief to prohibit the ALRB from continuing its proceedings. The district court concluded that the NLRA does not preempt ALRB jurisdiction over the charges. It also held that it was required to abstain pursuant to Younger v. Harris, 401 U.S. 37 , 91 S.Ct. 746 , 27 L.Ed.2d 669 (1971). Bud challenges both of these decisions on appeal, and we reverse.

I.

The ALRB, a state agency, is organized in a similar manner to the NLRB. It administers a statute (the Agricultural Labor Relations Act, or ALRA) that, in its form but not its scope, is nearly identical to the NLRA. For purposes of this case, there is only one…