Legal News

Appeals court says Ralphs can regulate pickets on store property

By Richard Binder

The Third District Court of Appeal ruled yesterday that an injunction be issued to block the United Food and Commercial Workers Union Local 8 from picketing a Foods Co. grocery store.

The case, Ralphs Grocery Company v. United Food and Commercial Workers Union Local 8, stems from an attempt in January 2008 by the grocery company to implement rules restricting the time, place and manner of so-called "expressive activities" outside its non-union Foods Co. warehouse store -- rules which were ignored by union picketers. Local 8 has been trying to organize workers at Foods Co stores in Sacramento and Fresno, but is at an impasse with the grocer, and has organized an informational picketing campaign urging customers to shop elsewhere.

The union has said that the proposed injunction would violate Code of Civil Procedure Sec. 527.3, the Moscone Act, and Labor Code Sec. 1138.1. Sacramento Superior Court Judge Loren McMaster ruled that the Moscone Act is unconstitutional because it constitutes "content-based discrimination." Sec. 1138.1 is similarly flawed, but was upheld in a prior decision that McMaster said was binding on the court.

Writing for the appeals court, Justice George Nicholson said both statutes are unconstitutional.

Ralphs was represented by a team from Morrison & Foerster.

Full story at Metropolitan News-Enterprise.

Full post as published by Legal Pad | LA on July 20, 2010 (boomark / email).