California Supreme Court Endorses Favoritism For Union Trespassers

California has enacted special labor laws that make it nearly impossible for employers to obtain injunctions against union trespass. This content-based favoritism for one form of speech raises constitutional questions, as federal courts have recognized. On December 27, 2012, however, in Ralphs Grocery Co. v. United Food & Commercial Workers Union Local 8, the California Supreme Court upheld these laws against constitutional challenge. In doing so our high court reversed a sensible 2010 decision by the Court of Appeal, which had struck down the laws on the basis that they, in giving unions the right to picket on privately owned walkways fronting retail store entrances, were unconstitutionally favoring labor speech over non-labor speech. 

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