Skip to main content

Service Employees Intl. v. NLRB

9th CircuitApril 28, 2021No. 19-70334Cited 1 time
Facing something similar at work?Check your rights — free, private, no sign-up

Case Details

Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Claim Types

RetaliationWrongful TerminationWhistleblower

Outcome

The Ninth Circuit granted the union's petition for review and reversed the NLRB's decision, holding that the Board erred in concluding the janitorial employees' picketing violated the NLRA's secondary picketing prohibition. The court found the picketing was lawful primary activity and remanded for further proceedings.

What This Ruling Means

Service Employees International v. NLRB (2021)

What Happened

Janitorial workers represented by Service Employees International Union engaged in picketing against Preferred Building Services, Inc. The National Labor Relations Board (NLRB) initially ruled that the workers' picketing violated federal labor law because it targeted a secondary employer rather than their direct employer.

What the Court Decided

The Ninth Circuit Court of Appeals disagreed with the NLRB. The court determined that the workers' picketing was lawful primary activity—meaning it was directly related to their employment dispute—and did not violate secondary picketing restrictions. The court reversed the NLRB's decision and sent the case back for reconsideration.

Why This Matters for Workers

This ruling protects workers' right to picket and protest as part of labor disputes. It clarifies that workers cannot automatically be stopped from picketing simply because the target may affect other companies. The decision strengthens workers' ability to organize and advocate for better conditions through legitimate picketing activities, reinforcing their legal protections under federal labor law.

This summary was generated to explain the ruling in plain English and is not legal advice.

Browse Related

Facing something similar at work?

Court rulings like this one are useful, but every situation is different. Take 3 minutes to see which laws may protect you — it's free, private, and no account is required to start.

This ruling information is sourced from public court records via CourtListener.com. Case outcomes, claim types, and summaries are extracted using AI analysis and may be incomplete or inaccurate. It is provided for informational and educational purposes only and does not constitute legal advice.

See something wrong, or named in this ruling and want it corrected or redacted? Request a correction.