California Grocers Assn. v. City of Los Angeles

GRIMES, J.,* Dissenting.

I respectfully dissent, finding City of Los Angeles Ordinance No. 177231 is preempted by the National Labor Relations Act (NLRA) (29 U.S.C. § 151 et seq.).

In my view, the ordinance intrudes on the collective bargaining process in an extraordinary and fundamental way, at its very source. It determines the individual workers who will comprise a new employer’s workforce for the first 90 days of its operation. During those 90 days, the new employer must provide employment to a group of workers it did not choose. In addition, the new employer must provide to this mandated…