Posts tagged 9th Circuit Court of Appeals
Unions’ battle for survival hits new wave with Trump termination of bargaining agreements
August 16, 2025 // “The Teamsters contributed to the NRCC and a sprawling list of House Republicans – signaling a monumental shift of working class voters towards the GOP,” the organization highlighted in an email this week. Beyond the court battles, unions are hopeful Congress could take up a discharge petition that would force the House to take a vote on a bill that would overturn Trump’s March order.
Flight Attendant Asks SCOTUS to Hear Case Challenging Union Boss Scheme to Discriminate Against Nonmembers
April 24, 2025 // “Mr. Bahreman’s case shows how deep the rabbit-hole of union boss legal privileges goes,” commented National Right to Work Foundation President Mark Mix. “The Ninth Circuit’s decision turns the U.S. Supreme Court’s ‘duty of fair representation’ on its head, and exposes the underlying constitutional tensions that the Court identified long ago in the 1944 Steele High Court decision. “Originally created in Steele as a bulwark against union bosses wielding their monopoly representation and forced dues powers to discriminate, the Ninth Circuit’s reinterpretation of the DFR doctrine allows union officials to engage in discrimination to coerce fee payment from union dissidents,” added Mix. “The Supreme Court should take Mr. Bahreman’s case to settle the circuit split and make it clear that Big Labor officials cannot wield their extraordinary government-granted powers to undermine the working conditions of workers who oppose union affiliation.”
OOIDA makes now-solo case in court that California’s AB5 should exempt trucking
April 23, 2025 // For OOIDA, which is carrying on the lawsuit that was originally filed by the California Trucking Association in 2019, the issue is clear: AB5 “categorically prohibits leased owner operators from operating in California,” OOIDA outside counsel Paul D. Cullen Jr. said in his opening remarks. (CTA last August decided not to pursue the appeal to the 9th Circuit.)
Macy’s loses appeal in case involving expansion of NLRB money remedy power
January 23, 2025 // The case originated when a union sought to represent only the cosmetics and fragrances workers at a Macy's (NYSE:M) store in Saugus, Massachusetts. This led to a dispute over the appropriate size and composition of the bargaining unit. The Fifth Circuit concluded that the NLRB did not violate the National Labor Relations Act or abuse its discretion in certifying the unit of cosmetics and fragrances employee.
It’s fine to steal for a union, but not from a union
November 18, 2024 // It bears noting that in none of the cases litigated by the Freedom Foundation did law enforcement even treat the forgery as a crime. No serious criminal investigation was ever undertaken, nor were the perpetrators ever prosecuted. Evidently the double standard extends from coast to coast and even beyond U.S. shores.
End of an era: California Trucking Association dropping appeal against AB5
August 23, 2024 // The high-water mark of CTA’s fight came on New Year’s Eve 2019 when Judge Roger Benitez of the U.S. District Court for the Southern District of California handed down an injunction blocking AB5’s enforcement against trucking in the state. But from that point, the CTA suffered a series of losses. An appellate court in a 2-1 decision overturned the injunction in April 2021. The CTA took the appeal to the Supreme Court, which denied review in June 2022 and kicked the case back to the District Court.
Commentary: California’s Unions Lost Their Long Battle Against Uber and Lyft
August 13, 2024 // The state Supreme Court unanimously ruled that ridesharing drivers can be exempted from California's crackdown on independent contracting.
FREEDOM FOUNDATION TAKES ON UNIONS AT 9TH CIRCUIT
March 22, 2024 // But the U.S. Supreme Court has been clear that a public employee, and only a public employee, can waive their First Amendment rights and agree to fund a union’s speech. Otherwise, when a union uses state law to take an employee’s money and force them to fund its politics, the employee’s speech is compelled, and the employee may seek remedies against the union. Under these clear and plain rules, the applicable unions compelled Craine, Morejon, and Bourque’s speech. Let’s hope the 9th Circuit agrees.
Further appeals to block AB5 from California trucking seen as a long shot
March 19, 2024 // Appeals are possible of the decision Friday in the U.S. District Court for the Southern District of California that emphatically rejected all the arguments by the California Trucking Association (CTA) and the Owner-Operator Independent Drivers Association. But several observers of the legal battle that has gone on for more than four years said that may prove too big a challenge to proceed. “I’m sure that some will advocate for the appeal and exhausting all efforts, but I’m certainly not bullish on the likelihood of success in the 9th Circuit,” an attorney who is not representing any of the parties and requested anonymity said of possible future CTA/OOIDA action. “It is time to ‘move on’ absent the political will to change.”
OOIDA lends support in case against AB5
January 30, 2024 // The two trucking groups argue that the law eliminates the independent contractor driver business model in the trucking industry and that it violates the U.S. and California constitutions. OOIDA, which is serving as an intervenor in a case against the state’s worker classification law, told the court in its Oct. 27 reply brief that AB5 needlessly causes genuine independent contractors to be reclassified as employees. “AB5 discriminates against and imposes undue burdens on interstate commerce in violation of the dormant Commerce Clause, and the disparate treatment of AB5’s business-to-business and construction exemptions violates the U.S. and California constitutions’ equal protection clauses,” OOIDA wrote