News & Analysis as of

Free Speech Labor Disputes First Amendment

Proskauer - Labor Relations Update

NLRB Seeks Comment: Rats, Banners and Neutrals, Oh My!

An age old question under the National Labor Relations Act is what constitutes “picketing”? By the Supreme Court’s definition, picketing is inherently coercive and may not be directed against a neutral employer. An issue...more

Proskauer - Labor Relations Update

No, Unions Do Not Have A Free Speech Right To Engage In Unlawful Secondary Boycott Activity, Federal Appeals Court Rules

On October 28, 2019, the Ninth Circuit, following in the footsteps of the D.C. Circuit and the Second Circuit, affirmed an order entered by the NLRB confirming that prohibitions on secondary boycotts under Section...more

Polsinelli

NLRB Finds Inflatables Debatable

Polsinelli on

“Scabby the Rat” and “Corporate Fat Cat”…beware.  A recent National Labor Relations Board (“NLRB” or the “Board”) Advice Memorandum has suggested that the use of oversized inflatable rats may constitute illegal secondary...more

Franczek P.C.

NLRB General Counsel Seeks to Deflate Scabby the Rat

Franczek P.C. on

Scabby, the gnarly, diseased, inflatable rat, has long been recognized as a symbol of a labor protest. During the Obama-era, the National Labor Relations Board likened the use of Scabby to peaceful, protected activities such...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Supreme Court Rules Unions May Picket On Private Property

Ralphs Grocery Company v. United Food and Commercial Workers Union Local 8, S185544 (December 27, 2012): The California Supreme Court recently held that although a supermarket’s privately owned entrance area is not a public...more

Proskauer - California Employment Law

California Supreme Court Approves Union Picketing in Front of Store Entrances

Ralphs Grocery sought an injunction to prevent a labor union from picketing on the privately owned walkway in front of the only customer entrance to its store....more

Holland & Knight LLP

California High Court Issues Important Ruling on Labor Speech Rights of Unions on Private Property

Holland & Knight LLP on

The California Supreme Court recently issued its decision in Ralphs Grocery Company v. United Food and Commercial Workers Union Local 8. Although the ruling resolved a long-standing dispute between a supermarket owner and the...more

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