Legal Opinion
Chamber of Commerce of the United States v. Lockyer
Court of Appeals for the Ninth Circuit
Decided September 20, 2006No. 03-55166, 03-55169PublishedCited by 4 opinions
1Opinion of the Court
Opinion by Judge FISHER; Dissent by Judge BEEZER.
FISHER, Circuit Judge.
The question before us is whether a state’s exercise of its sovereign power to control the use of its funds conflicts with national labor policy as expressed in the National Labor Relations Act (“NLRA”), 29 U.S.C. §§ 151-169. Specifically, two provisions in a California statute forbid employers who receive state grant or program funds in excess of $10,000 from using those funds to assist, promote or deter union organizing. We hold that California’s grant and program fund restrictions do not undermine federal labor policy,…
2Cases cited50 opinions
- Buckley v. ValeoSupreme Court of the United States · 1976
- San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
- Metropolitan Life Insurance v. MassachusettsSupreme Court of the United States · 1985
- National Labor Relations Board v. Gissel Packing Co.Supreme Court of the United States · 1969
- Rust v. SullivanSupreme Court of the United States · 1991
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3Cited by4 opinions
- AES Sparrows Point LNG, LLC v. SmithDistrict Court, D. Maryland · 2007
- Michigan Building & Construction Trades Council v. SnyderDistrict Court, E.D. Michigan · 2012
- Idaho Building & Construction Trades Council v. WasdenDistrict Court, D. Idaho · 2011
- Chamber of Commerce of the United States California Chamber of Commerce Employers Group California Healthcare Association California Manufacturers and Technology Assn. California Association of Health Facilities California Association of Home & Services for the Aging Bettec Corporation Marksherm Corporation Zilaco Inc., Zilaco Del Rio Healthcare, Inc. Beverly Health & Rehabilitation Services, Inc. Dba Beverly Manor Costa Mesa Internext Group, California Labor Federation, Afl-Cio American Federation of Labor and Congress of Industrial Organizations, Intervenors-Appellants v. Bill Lockyer, Attorney General, in His Capacity as Attorney General of the State of California Department of Health Services Frank G. Vanacore, as the Chief of the Audit Review and Analysis Section of the California Department of Health Services Diana M. Bonta, R.N., Dr., ph.d, as the Director of the California Department of Health Services, Chamber of Commerce of the United States California Chamber of Commerce Employers Group California Healthcare Association California Manufacturers and Technology Assn. California Association of Health Facilities California Association of Home & Services for the Aging Bettec Corporation Marksherm Corporation Zilaco Inc., Zilaco Del Rio Healthcare, Inc. Beverly Health & Rehabilitation Services, Inc. Dba Beverly Manor Costa Mesa Internext Group, and California Labor Federation, Afl-Cio American Federation of Labor and Congress of Industrial Organizations, Intervenors-Appellants v. Bill Lockyer, Attorney General, in His Capacity as Attorney General of the State of California Department of Health Services Frank G. Vanacore, as the Chief of the Audit Review and Analysis Section of the California Department of Health Services Diana M. Bonta, R.N., Dr., ph.d, as the Director of the California Department of Health ServicesCourt of Appeals for the Ninth Circuit · 2006