Posts tagged Supreme Court precedent
Off the Rails? Union Asks Supreme Court to Rein in Fifth Circuit
November 13, 2025 // The Fifth Circuit’s approach breaks sharply from multiple other circuits (Second, Third, Fourth, Sixth, Tenth, and D.C.), which have either held or strongly implied—consistent with Supreme Court precedent, according to the OPEIU—that a petitioner must show actual harm before courts will halt agency actions. The Fifth Circuit’s stance invites immediate injunctions in response to routine NLRB cases, which destabilizes the Board’s ability to function across Texas, Louisiana, and Mississippi—even as the D.C. Circuit separately evaluates the constitutionality of those same protections.
Right to Work Foundation Urges Ninth Circuit to Reject CA Law Granting Union Bosses Massive Power Over Cannabis Industry Workers
October 9, 2025 // The Foundation’s amicus brief argues in particular that the National Labor Relations Act (NLRA) preempts California’s “labor peace agreement” statutes. The NLRA is the federal law that governs most private sector labor relations. The four conditions mandated for cannabis companies under California law, “an agreement with a…union, a ban on disrupting union organizing, a ban on union members picketing, boycotting, or striking, and a clause granting union organizers access to employees at work” all concern activity that the U.S. Congress intended the NLRA to deal with – not state law.