Legal Opinion
Chamber of Commerce of the United States v. Lockyer
Court of Appeals for the Ninth Circuit
Decided September 6, 2005No. 03-55166, 03-55169PublishedCited by 9 opinions
1Opinion of the Court
Opinion by Judge BEEZER; Dissent by Judge FISHER.
BEEZER, Circuit Judge:
The National Labor Relations Act, as amended, 29 U.S.C. § 151 et seq., extends to employees the opportunity to render a free and informed choice about union representation. In doing so, the Act allows for robust debate of union representation issues by employers and employees alike. The question presented is whether California Assembly Bill 1889, codified at Cal. Govt.Code §§ 16645-49, (“AB 1889” or “the statute”), which bars employers from spending “state funds” on union-related speech, is preempted by the National Labor…
2Cases cited35 opinions
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- United States v. SalernoSupreme Court of the United States · 1987
- 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
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3Cited by9 opinions
- Healthcare Ass'n of New York State, Inc. v. PatakiCourt of Appeals for the Second Circuit · 2006
- AES Sparrows Point LNG, LLC v. SmithDistrict Court, D. Maryland · 2007
- Chamber of Commerce of the United States v. LockyerCourt of Appeals for the Ninth Circuit · 2006
- 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, American Federation of Labor and Congress of Industrial Organizations California Labor Federation, Afl-Cio, 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, Diana M. Bonta, R.N., Dr., P.H.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 American Federation of Labor and Congress of Industrial Organizations California Labor Federation, Afl-Cio, Intervenors 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, Diana M. Bonta, R.N., Dr., P.H.D, as the Director of the California Department of Health ServicesCourt of Appeals for the Ninth Circuit · 2006
- Healthcare Association Of New York State, Inc. v. George E. PatakiCourt of Appeals for the Second Circuit · 2006
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