The Supreme Court's Hostility to Organized Labor: Management Can Use Tax Money in Anti-Union Campaigns

dissenters), the Court overruled the U.S. 9th District Court of Appeals and declared that, by infringing on an employer’s right to “free expression,” the California state law was unconstitutional.

The measure, known as California Assembly Bill 1889, was the first one of its kind to be passed in the United States. However, since its passage, in 2000, ten other states, including New York and Florida, have gone on to enact similar laws. As a consequence of this decision, all of those state laws are unenforceable.

In effect, the ruling means that a business which regularly receives taxpayer funds (such as a nursing home) is permitted to use those funds—to spend that money—on its efforts to keep a labor union out, to prevent a union from representing its employees. Let’s run that by again, slowly: Unions aren’t allowed to use state money in their recruitment drives, but management is allowed to use it in their attempt to keep them out?

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