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Small ex rel. National Labor Relations Board v. Operative Plasterers' & Cement Masons' International Ass'n Local 200

9th CircuitJuly 8, 2010No. Nos. 08-56668, 08-56942Cited 45 times
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Case Details

Judge(s)
Graber, Law, Pregerson, Wardlaw
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

Wage Theft

Outcome

The court affirmed the preliminary injunction against Local 200, finding that the union's state court lawsuits against the contractor were filed with the unlawful objective of coercing work reassignment in violation of the National Labor Relations Act.

What This Ruling Means

**Union Loses Case Over Lawsuits Against Contractor** This case involved a dispute between a cement masons' union (Local 200) and Standard Drywall, Inc. The National Labor Relations Board accused the union of filing lawsuits in state court against the contractor for an improper purpose. The NLRB claimed the union wasn't genuinely trying to win those lawsuits, but instead was using them as pressure tactics to force the company to reassign work to union members. The court sided against the union and upheld a court order that stopped Local 200 from continuing this behavior. The judges found that the union's real goal in filing the state court lawsuits was to coerce the contractor into giving work to union workers, which violates federal labor law. This type of pressure tactic crossed the line from legitimate union activity into unlawful coercion. **What this means for workers:** While unions have many legal tools to advocate for their members, they cannot abuse the court system to pressure employers. This ruling reinforces that unions must pursue legitimate legal claims rather than filing lawsuits primarily as intimidation tactics. Workers benefit when unions use proper channels to protect their interests.

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

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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.

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