Case Summaries

Small Business Legal Center

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Chamber of Commerce v. Brown -- Fighting for Employers' First Amendment Rights When Dealing With Unions

At issue is whether the state of California, through legislation, can prevent businesses that receive state funding (i.e., construction firms receiving government contracts) from taking actions against labor union organizing drives. While purporting to reflect state neutrality on the subject of unionization, the challenged legislation actually focuses primarily on preventing employers from exercising their rights under the NLRA and First Amendment to communicate to employees the potential disadvantages of unionization. 

The plaintiffs in Chamber of Commerce v. Brown are asking the U.S. Supreme Court to review a 9th Circuit decision that effectively prevents businesses receiving state funding from taking actions against labor union organizing drives.

Status: PENDING. Amicus brief filed in support of the Chamber of Commerce's petition for writ of certiorari March 9, 2007.

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