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 State Employment Law Articles
Report Link CALIFORNIA SUPREME COURT CURTAILS UNIONS’ RIGHT TO USE OFFENSIVE LAWSUITS AS ORGANIZING TOOL.Ballard Rosenberg Golper & Savitt - July 23, 2009 A new union organizing tactic is the offensive use of the courts to gain favor with prospective members. The union will sue an employer on behalf of the employees that the union wishes to organize. The unions figure that if they can show the employees that they will fight for them, then perhaps the employees will return the favor by joining up with the union. Report Link Supreme Court Overturns California "Union Neutrality" Law Ending Restraint of Employer Free Speech Regarding Union Issues. (pdf).Jackson Lewis LLP - July 23, 2008 Agreeing with the position taken by Jackson Lewis
before the Ninth Circuit Court of Appeals, the United
States Supreme Court struck down California’s
“union neutrality” statute on the grounds that it interfered
with an employer’s federally protected right to
freely speak to employees regarding the disadvantages
of unionization. Report Link California Supreme Court Holds that California Constitution Allows Union to Urge Mall Customers to Boycott Store.Ford & Harrison LLP - January 09, 2008 In Fashion Valley Mall, LLC v. National Labor Relations Board (12/24/07), the California Supreme Court held that the right to free speech granted in the California Constitution gives a union the right to urge customers in a shopping mall to boycott one of the stores in the mall. Report Link Divided California High Court Rules Union Free Speech Rights Outweigh Mall's Private Property Interests.Jackson Lewis LLP - January 03, 2008 In a rebuke to California employers facing union campaigns or other disputes with organized labor, the California Supreme Court ruled in a 4-to-3 decision issued on December 24, 2007, that a shopping mall's prohibition against unions and other third parties from urging consumer boycotts of mall tenants was contrary to the state Constitution's right to free speech. The court in Fashion Valley Mall v. National Labor Relations Board plainly summed up its decision, stating, "the right to free speech granted by article I, section 2 of the California Constitution includes the right to urge customers in a shopping mall to boycott one of the stores in the mall." Report Link A Corporation Is Not Liable For Actions of An Out-of-State Corporation Even If They Share A Majority of Shareholders (scroll down).Ballard Rosenberg Golper & Savitt - December 20, 2007 In District Council No. 16 v. B & B Glass, the Ninth Circuit held that a union could not hold a corporation liable under a collective bargaining agreement (CBA) for the actions of another entity where the corporation had no control or ownership over the other entity. Report Link Employee Not Barred From Bringing Job Bias Claim After Filing Grievance Under Union Contract.Ballard Rosenberg Golper & Savitt - November 15, 2007 In Ortega v. Contra Costa Community College Dist., the California Court of Appeal has held that a collective bargaining agreement (“CBA”) grievance procedure will not eliminate an individual’s right to pursue his claim for employment discrimination under the Fair Employment and Housing Act (“FEHA”) in court, unless there is a “clear and unmistakable” waiver of this right in the CBA, and the procedures of the arbitration allow for “full litigation and fair adjudication of the FEHA claim.” Report Link Viability of California Labor Neutrality Law Is Being Reconsidered; New York Law Is Ruled Invalid.Jackson Lewis LLP - June 06, 2005 The status of the California law - struck down by two federal courts - is once again in question after the U.S. Court of Appeals for the Ninth Circuit withdrew its 2004 decision invalidating the law and ordered a rehearing. Report Link In Important Case for Health Care Employers, Federal Court in California Strikes Down Neutrality Law.Jackson Lewis LLP - June 10, 2004 In a court challenge joining several key employer groups, the U.S. Court of Appeals for the Ninth Circuit has invalidated key provisions of a California law mandating employer neutrality in the face of union organizing. Report Link Ninth Circuit Strikes Down California Union Neutrality Law.Jackson Lewis LLP - May 13, 2004 In a significant and eagerly awaited decision on employers' rights, the U. S. Court of Appeals for the Ninth Circuit has invalidated key provisions of a California law mandating employer neutrality in the face of union organizing. Report Link SEIU Joins Forces with Nurses Association to Boost Organizing Clout Against California Health Care Employers.Jackson Lewis LLP - March 17, 2004 In December 2003, the Service Employees International Union and the California Nurses Association announced the creation of a "cooperation agreement" to conduct coordinated organizing efforts in California and to work together on legislative, policy and collective bargaining issues. Report Link National Labor Relations Board Will Oppose Enforcement of California's Labor Neutrality Law.Jackson Lewis LLP - May 30, 2003 Taking an unusual step, the National Labor Relations Board agreed to join the litigation opposing the enforcement of certain provisions of California’s so-called labor neutrality statute.
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