California: Spending Restrictions Violates Employers' Rights to Oppose Unions

By PRweb.com

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According to PRWeb.com:

Oceanside, CA (PRWEB) July 1, 2008 -- Employer defense attorney, Clifton Smith, SPHR, comments on the recent, US Supreme Court ruling, declaring that California Assembly Bill 1889, which regulated employer free speech by imposing spending restrictions on the use of state funds, violates and is preempted by the National Labor Relations Act.

Vindicating the free speech rights of California employers, the United States Supreme Court, in a 7-2 decision, has overturned California laws that unlawfully interfered with every employer's constitutionally protected right to engage in free debate about the question of union representation under the National Labor Relations Act. The Court reached its decision in the case of The Chamber of Commerce of the United States of America, et.al., v. Brown (Opinion No. 06-939, June 19, 2008).

The US Chamber of Commerce and others challenged enforcement of California Assembly Bill 1889 (AB 1889). This law prevented private employers that received more than $10,000.00 in state funds in any year (Cal. Gov't. Code § 16645.7) from using state funds to "assist, promote or deter union organizing (Cal. Gov't Code §§ 16645-16647(b)(d))....click to continue.

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