Bloomberg Law
April 28, 2021, 7:48 PMUpdated: April 28, 2021, 9:44 PM

NLRB Unlawful Worker Picketing Ruling Overturned by 9th Cir. (1)

Robert Iafolla
Robert Iafolla
Reporter

A federal appeals court in San Francisco overturned a National Labor Relations Board decision that janitors assisted by a union picketed unlawfully, saying that the board didn’t have adequate proof to support its ruling.

The NLRB failed to point to sufficient evidence showing that the janitors lost the protection of labor law—and were justifiably fired—for demonstrating against their employer outside another company’s building where they worked, the U.S. Court of Appeals for the Ninth Circuit ruled Wednesday.

The Ninth Circuit sidestepped the broader issue of First Amendment protections for workers’ speech raised by the Service Employees International Union affiliate that ...

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