Originally posted on December 28, 2012 by Ron Brown
The California Supreme Court ruled on December 27, 2012 that unions are entitled to picket store entrances, even where the premises are not a public forum, the store maintains an express policy prohibiting third parties from distributing literature in its entrance area, and the store’s employees have not agreed to union representation. The decision places California law in direct conflict with federal law on the same issue. As such, further developments on this issue are likely. A summary of the decision and its implication for today’s employers follows below.