9th Circ. Says NLRB Overstepped On SEIU Picketers

Law360 (April 28, 2021, 8:49 PM EDT) -- The Ninth Circuit ruled Wednesday that the NLRB erred in finding an SEIU local ran afoul of labor law when it picketed with janitorial employees in front of the building where they cleaned, finding the workers' messaging made it clear their employer was the target.

In its opinion, the three-judge panel held that the National Labor Relations Board misapplied the four criteria for determining whether a picket at a location shared by a direct employer and other neutral parties was aboveboard when considering Service Employees International Union Local 87's conduct.

While no one disputed that three of the criteria were met,...

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