Total Articles: 5
Federal Labor Law Pre-empts California's Prohibition on Use of State Funds to Promote or Deter Organizing.
The U.S. Supreme Court has held that a California law that prohibits employers who receive state funds from using those funds to "assist, promote, or deter union organizing" is pre-empted by federal labor law.
Federal Labor Law Pre-empts California’s Prohibition on Use of State Funds to Promote or Deter Organizing.
The U.S. Supreme Court recently held that a California law that prohibits employers who receive state funds from using those funds to “assist, promote, or deter union organizing” is pre-empted by federal labor law.
Supreme Court Strikes Down California Labor Law.
The U.S. Supreme Court delivered a substantial victory for those employers who choose to take efforts to fend off union campaigns at their workplaces. In a 7 to 2 decision, the Court found that the National Labor Relations Act (NLRA) preempts a California law that prohibits certain employers from using State funds to assist or deter unionization efforts by their employees. A contrary decision could have opened the door for other states to utilize their spending and regulatory power to restrict employer free-speech rights during union organizing campaigns.
California Court of Appeal Finds Employee’s Claims Preempted by National Labor Relations Act.
In Luke v. Collotype Labels USA, Inc. (2/14/08), the California Court of Appeal held that an ex-employee’s claims for wrongful termination in violation of public policy were preempted by the National Labor Relations Act (NLRA). Accordingly, the Court affirmed the trial court’s order granting judgment in favor of the employer.
Ninth Circuit Upholds Union Neutrality Law.
The Ninth U.S. Circuit Court of Appeals has held that a California law that prohibits employers from using money received from the state to deter union organizing is not pre-empted by the National Labor Relations Act (NLRA). See Chamber of Commerce v. Lockyer (Sept. 21, 2006). The neutrality law, AB 1889 (found at California Government Code §§ 16645-16649) was enacted to express California’s policy to remain neutral with regard to union organizing.
