Ninth Circuit

News Release: California State Employees Lay Out Class-Action Lawsuit before Supreme Court

Anthony Riedel — Wed, 14 Sep 2011 15:28:46 -0400

California State Employees Lay Out Class-Action Lawsuit before Supreme Court

Court to review Ninth Circuit decision requiring California state employees to contribute to union political fund

Washington, DC (September 14, 2011) – National Right to Work Foundation attorneys filed the initial brief with the United States Supreme Court, which is reviewing a Ninth Circuit Court of Appeals ruling that forced nonunion California state employees to fund union officials' political activism.

Right to Work Fights for California Nurse's Rights at the Ninth Circuit

Will Collins — Thu, 23 Jun 2011 14:11:35 -0400

Right to Work staff attorneys are helping Carol Jean Badertscher, a California nurse, fight back against California's draconian "strikebreaker" law, which authorizes fines and even jail time for employees who repeatedly refuse to walk off the job during a union boss-ordered strike. Last Friday, the case came before a panel of three judges at the 9th Circuit Court of Appeals.

Audio of the oral argument is available online here. Below, Foundation attorney Bill DuRoss, who represented Badertscher in the argument, explains the ins and outs of the case to a group of Right to Work supporters who attended the Ninth Circuit's hearing:

Right to Work Win Forbids Union Bosses from Using Another Enron-Like Accounting Trick to Jack Up Forced Dues

Patrick Semmens — Mon, 19 May 2008 10:44:07 -0400

The Daily Labor Report (subscription only) recently reported on an important win for National Right to Work Foundation staff attorneys in the 9th Circuit Federal Appeals Court:

Upholding the National Labor Relations Board's January 2006 decision against Studio Transportation Drivers Local 399 of the Teamsters, the appeals court found that the union, which used the arbitration awards for nonrepresentational purposes such as political and charitable contributions, should exclude the money from its calculation of agency fees rather than use it to reduce its reported nonrepresentational expenses.

By spending the arbitration award money on nonrepresentational rather than representational expenditures, the union in effect increased the agency fees owed by the objecting nonmember for representational expenses, Judge Harry Pregerson wrote for the appeals court.

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U.S. Supreme Court Reviews Ruling Endorsing Coercive Union Organizing Today

Justin Hakes — Wed, 19 Mar 2008 09:57:08 -0400

Oral arguments take place this morning at the U.S. Supreme Court in a key case in which the Ninth Circuit reversed two of its earlier rulings and found that employers that receive state funds can be forced to implement coercive union organizing, including "card check" drives.

When the Supreme Court took up the case in November, National Right to Work Foundation Vice President Stefan Gleason had this to say:

“California officials are using the heavy hand of government to trample upon workers’ rights. Because union hierarchies seem to be having difficulties persuading employees to join unions voluntarily, they have resorted to coercive tactics in
order to maintain the flow of forced union dues."