Forum
U.S. District Court for the District of Oregon
Case Status
Decided
Docket Number
3:09-cv-01494-MO
Case Updates
Case dismissed
May 06, 2010
A federal district court dismissed NCLC’s challenge of Oregon’s Worker Freedom Act (SB 519), a state law that bans companies from holding mandatory employee meetings to talk about union organizing. The court held that the lawsuit was premature because there was no immediate threat that the law would be enforced.
U.S. Chamber challenges federal preemption of Oregon “captive audience” labor law
December 22, 2009
NCLC filed a lawsuit arguing that a new Oregon law (SB 519) unconstitutionally eliminates an employer’s right to conduct mandatory meetings with employees to rebut union rhetoric and provide information about the drawbacks of a unionized workplace. NCLC argued that federal law preempts the Oregon law, which runs counter to 50 years of federal protection for employers’ rights to hold mandatory meetings to rebut labor leaders’ rhetoric about unionizing. NCLC also alleged that SB 519 violates employers’ speech rights guaranteed by the First Amendment. NCLC warned that the law gives organized labor an unprecedented advantage in unionizing campaigns.
Complaint filed 12/22/09. Motion for summary judgment filed 2/12/10. Opposition to motion for summary judgment filed 2/26/10. Amicus brief supporting defendant filed 3/22/10. Amicus briefs supporting plaintiffs filed 3/31/10. Oral argument held 4/9/10. Decided 5/6/10.