Forum
U.S. Court of Appeals for the Ninth Circuit
Case Status
Decided
Docket Number
03-55166 03-55169
Case Updates
Ninth Circuit considers federal preemption of California labor law
September 21, 2006
A federal district court ruled in September 2002 that certain provisions of the California law were preempted by the NLRA; a three judge appeals court panel unanimously agreed in April 2004; the panel again supported preemption in a 2-1 ruling in September 2005, but was reversed by the full Ninth Circuit in September 2006.
Subsequently, NCLC petitioned for U.S. Supreme Court review of the decision. In 2008, the Supreme Court reversed the Ninth Circuit and held that the NLRA preempted the California law. The case was captioned Chamber of Commerce, et al. v. Brown, Jr., et al.
U.S. Chamber files lawsuit challenging California labor law
April 10, 2002
NCLC challenged a California law prohibiting employers who receive more than $10,000 in state funds annually from using those funds “to assist, promote, or deter union organizing.” NCLC argued that the law was preempted by the National Labor Relations Act (NLRA).
Case Documents
- Chamber of Commerce, et al. v. Lockyer, et al. (District Court Complaint, 4-10-02).pdf
- Chamber of Commerce, et al. v. Lockyer, et al. (Ninth Circuit Decision, 4-20-04).pdf
- Chamber of Commerce, et al. v. Lockyer, et al. (Ninth Circuit Decision, 9-6-05).pdf
- Chamber of Commerce, et al. v. Lockyer, et al. (Ninth Circuit Decision,9-21-06).pdf
- Chamber of Commerce, et al. v. Lockyer, et al. (Ninth Circuit Mandate).pdf