Supreme Court Upholds Employers’ Right to Criticize Unions
The Supreme Court ruled today that federal labor law bars a state from curbing the rights of employers to speak out about union organizing by their workers. It ruled in Chamber of Commerce v. Brown that a California law imposing limits on employer speech by companies that receive state funds is preempted by the National Labor Relations Act.
That was one of four decisions on labor and employment law the Supreme Court issued today. The court also made it easier for workers to sue their employer for age discrimination in one case (a so-called disparate-impact case), and harder for some workers in another. It also made it easier for employees to sue under ERISA for alleged conflicts of interest.
In 2006, CEI joined an amicus brief in support of a Washington State law that protects the rights of non-union employees, a law upheld by the U.S. Supreme Court in 2007.