Posts tagged 9th Circuit Court of Appeals
New York’s union bosses just invented a new way to silence their critics
September 17, 2026 // But read past the press release and you find the real target: the state attorney general now has subpoena power and can seek $1,000 per violation against any person or group, in state or out, whose mailers about a worker's right to leave a union get labeled "impersonation." Unions get their own private right to sue on top of that. I've spent three decades in regulated finance, and I know what an uncapped $1,000-per-item liability schedule does to an organization's willingness to speak. It doesn't punish fraud. It punishes volume.
9th Circuit Case Against UTLA Fully Briefed, Awaiting Oral Argument
March 28, 2026 // “UTLA’s position boils down to this: Accept our representation or give up your career,” said Shella Alcabes, Freedom Foundation litigation counsel. “That’s not a choice the Constitution permits the government to impose. These teachers opted out of this union for good reason, and no court has ever said the First Amendment allows what California is doing here.” Among the actions the plaintiffs attribute to UTLA: spending $700,000 to elect a school board candidate who promoted antisemitic conspiracy theories; funding members’ attendance at anti-Jewish rallies; endorsing a “Teach Palestine” curriculum that misrepresents Jewish history; and, passing resolutions supporting the BDS campaign against Israel.
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.
FEMA joins other federal agencies in canceling union contracts
August 12, 2025 // On Friday, FEMA’s acting administrator, David Richardson, sent a memo to American Federation of Government Employees Local 4060, the union representing the agency, saying that FEMA’s collective bargaining agreement had been terminated, ending a nearly 10-year contract.
Supreme Court allows Trump mass layoffs to move forward
July 9, 2025 // “The plans themselves are not before this Court, at this stage, and we thus have no occasion to consider whether they can and will be carried out consistent with the constraints of law,” Sotomayor wrote. Since the start of the second Trump term, the Supreme Court has repeatedly lifted lower-court rulings restricting his actions, including in a ruling last month that restricted lower-court judges’ ability to issue nationwide injunctions. The case is Donald J. Trump, president of the United States, et al. v. American Federation of Government Employees, et al.
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.