News & Analysis as of

Labor Disputes Unions Free Speech

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

Franczek P.C.

Unfettered Free Speech or Profane Outbursts? NLRB Invites Input to Determine Scope of Section 7 Protection

Franczek P.C. on

The National Labor Relations Board (“Board”) is inviting input “to aid the Board in reconsidering the standards for determining whether profane outbursts and offensive statements of a racial or sexual nature, made in the...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

Littler

California Supreme Court Permits Picketing on Private Property

Littler on

In a split decision, the California Supreme Court has upheld the constitutionality of two statutes that restrict state court injunctions against picketing by labor unions on private property. Ralphs Grocery Co. v. United Food...more

FordHarrison

Legal Alert: California Supreme Court Reverses Court Of Appeal; Declares State Labor Picketing Laws Constitutional In 6-1 Decision...

FordHarrison on

In a case that will significantly strengthen labor's hand regarding picketing activities in the state, the California Supreme Court reversed a Court of Appeals decision that had declared unconstitutional two state laws...more

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