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Chamber of Commerce of the U.S. v. Lockyer, 364 F.3d 1154 (9th Cir. 2004)

In 2000, California enacted Assembly Bill No. 1889 (Government Code §§ 16645-16649) which, among other things, prohibits private employers “receiving state funds in excess of $10,000 in any calendar year” from using such funds to “assist, promote, or deter union organizing.” The United States Chamber of Commerce brought an action…

Taylor v. Lockheed Martin Corp., 113 Cal. App. 4th 380 (2003)

Walter Taylor filed suit against Lockheed Martin Corporation alleging, among other things, wrongful termination in violation of Labor Code §§ 1102.5 and 6310 (prohibiting retaliation against an employee who has complained about unsafe working conditions in the workplace). Taylor, a member of the International Association of Machinists, also filed a grievance with the…

American Airlines, Inc. v. Superior Court, 114 Cal. App. 4th 881 (2003)

During the course of his discrimination and wrongful termination lawsuit against American Airlines, Jawad Alamad, a former aircraft mechanic, identified Richard DiMarco, another American employee and Vice President of Local 564 of the Transport Workers Union of America, as having knowledge supporting his claims. During his deposition, DiMarco refused to identify employees…

Adams v. Pacific Bell Directory, 111 Cal. App. 4th 93 (2003)

Forty-two employees of Pacific Bell Directory (all of whom were members of the International Brotherhood of Electrical Workers) filed a lawsuit alleging that the company’s practice of debiting employees’ commissions was unlawful under Labor Code Section 221 and Business and Professions Code Section 17200. The employer promptly removed the action to federal court…

Smith v. IBEW, Local 11, 109 Cal. App. 4th 1637 (2003)

Donald Smith was terminated from his job as a union organizer for Local 11 of the International Brotherhood of Electrical Workers (IBEW). Smith alleged that his employment was terminated in violation of the public policy against age and disability discrimination and in violation of the California Fair Employment and Housing Act. The Court…

Levy v. Skywalker Sound, 108 Cal. App. 4th 753 (2003)

Robert M. Levy worked as an audio recording engineer for Skywalker Sound in Marin County beginning in 1995. When Levy was hired, he was told that the scoring stage was a “non-union room” and that his position at Skywalker Sound would not be a union position. (Shortly after he began work, Levy began to…

Rivero v. AFSCME, AFL-CIO, 105 Cal. App. 4th 913 (2003)

David Rivero was a supervisor of janitors at the International House at UC Berkeley before his employment was terminated when he refused to accept a demotion to dishwasher and pot scrubber in the International House’s kitchen. Rivero sued his union, the AFSCME, for libel, slander and intentional infliction of emotional distress, among other things,…

Simo v. UNITE-SW, 322 F.3d 602 (9th Cir. 2003)

Twenty-five garment workers brought suit against their union and its officials after the union allegedly engaged in secondary pressure to remove work from their factory. Among other things, the workers alleged that the union had intentionally inflicted emotional distress upon them. The Ninth Circuit affirmed summary judgment in favor of the union on the emotional…

Gregory v. SCIE, LLC, 317 F.3d 1050 (9th Cir. 2003)

Rodney Gregory, a member of Local 44 of the IATSE union, filed an action in state court alleging a violation of the California Labor Code and Wage Orders for SCIE’s failure to pay him premium wage rates for overtime work he had performed. SCIE removed the action to federal court on the ground that…

Konop v. Hawaiian Airlines, Inc., 302 F.3d 868 (9th Cir. 2002)

Robert Konop, a pilot for Hawaiian Airlines, created and maintained a website on which he posted bulletins critical of the airline and the incumbent union, the Air Line Pilots Association. Konop controlled access to his website by requiring visitors to log in with a user name and password, and the website expressly prohibited…