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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.
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.
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