Union members have right to picket malls, (9th Circuit) court rules

[Newsjock]

Source: San Francisco Chronicle

California shopping malls can't prohibit union members from carrying picket signs, standing on sidewalks or picketing during the peak holiday season, a federal appeals court ruled Monday.

In a 2-1 decision, the Ninth U.S. Circuit Court of Appeals in San Francisco overturned restrictions on picketing imposed by a company that manages shopping centers in Santa Cruz and Sacramento.

The decision follows a California Supreme Court ruling in December that declared unions have the right under state law to leaflet in malls and ask shoppers to boycott stores. By contrast, the U.S. Supreme Court has ruled that the U.S. Constitution does not protect freedom of speech in malls or any other private property.

... The case arose from protests by Carpenters Union members at Arden Fair in Sacramento in 1999 and at Capitola Mall in Santa Cruz in 2000, both involving the use of nonunion contractors. Police arrested union members who distributed leaflets and picketed at the malls without asking for permission.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/08/25/BAEE12I1NG.DTL

[billyoc]

1. Oh, thanks, I forgot to ask.

:rofl:

[pennylane100]

2. Another win for the good guys.

[happyslug]

3. here is the Opinion,

Please note the Defendant was the National Labor Relations Board (NLRB) and that was the reason this was in Federal Court NOT State Court:

The Actual Opinion: First go to the Ninth Circuit Web site:
http://www.ca9.uscourts.gov/ca9/newopinions.nsf/Opinions+by+date?OpenView&Start=1&Count=100&Expand=1.1

Then tap "United Brotherhood vs NLRB" for the opinion

When I try to do a direct tie, I copy here, but then when I test it a error message comes up, probably has to do with the 9th Circuit System and that it is using PDF files instead of HTML.

This opinion is based on California law as to limits of Free Speech in the Constitution of California, which is broader then Free Speech rights under the First Amendment to the US Constitution. The Federal Issue was did the Shopping mall restrictions on Union Picketing interfere with the Union's right to Free Speech. The NLRB ruled the restrictions of the Mall did NOT interfere with the Union's right to Free Speech, the 9th Circuit said the restrictions did interfere with the Union' right to free Speech under California law and as such is a violation of the Federal Law regarding Union activities.

[pnorman]

4. Maybe TinyUrl will work with it:

http://tinyurl.com/6bjqd3

pnorman

[happyslug]

5. Apparently it does.

n/t