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Ninth Circuit Upholds Union Neutrality Law

Law360 (October 17, 2006, 12:00 AM EDT) -- 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.

One provision bars private employers who receive a grant of state funds from using...
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