Altshuler Berzon LLP represents local, state, and international unions. Our labor union clients fight for the rights of teachers, nurses, transit workers, hotel and restaurant employees, sheet metal workers, electricians, fast food workers, professional athletes, entertainment industry workers, and workers in many other trades and industries.
Our practice includes traditional areas of labor law (for example, representation and unfair labor practice cases, grievance arbitrations, contract enforcement, reporting and disclosure, defense against liability suits, and internal union governance) and litigation and advice on a range of public policy issues (for example, voting rights, environmental law, health and safety protections, licensing, strategies for combating economic inequality, expanding unemployment insurance benefits, and issues arising under the First Amendment and other constitutional provisions).
We work closely with our local labor union clients in conducting collective bargaining negotiations and provide a full range of legal advice and analysis, including with regard to organizing, collective bargaining, legal compliance, and pending and potential legislation.
Defeated federal court preemption challenges to a regulation raising the minimum wage rates for California apprentices.
Required California to resume paying unemployment compensation to almost 400,000 unemployed workers following a budgetary impasse between the Legislature and the Governor.
On behalf of AFL-CIO as amicus, obtained Alaska Supreme Court ruling creating evidentiary privilege for communications between grievant and union representative similar to attorney-client privilege.
Representing an intervening Indonesian labor union, obtained a settlement in a Wisconsin state court action brought to hold Adidas responsible under a University licensing agreement for unpaid wages and benefits owed to 2,700 Indonesian garment workers employed by a bankrupt factory that manufactured Adidas apparel.
Successfully helped defend, on behalf of a labor organization as amicus curiae, state law that required construction workers’ consent to divert their wages to industry advancement programs on public works projects.
Successful defense of a constitutional challenge to a state law that restricts disclosure of the time and place of new employee orientations for public employees.
Obtained declaratory and injunctive relief on behalf of United Airlines pilots requiring the airline to comply with California’s Kin Care law, which requires employers that offer paid sick leave to allow employees to use up to half of that leave to care for ill relatives.
Obtained an arbitration award requiring an employer to pay its workers assigned to swing and midnight shifts a wage premium on all hours, not just hours worked.
Representation of the International Brotherhood of Teamsters as amicus in the California Supreme Court in support of California’s use of the “ABC test” under AB 5 to prevent misclassification of truck driver employees as contractors, against the trucking company’s position that that test is preempted by the Federal Aviation Administration Authorization Act.
Struck down, as a usurpation of legislative authority, administrative regulations that would have lowered by 20 percent the prevailing wage rate paid to construction workers on public projects.
Defeated a motion for a preliminary injunction and successfully obtained a settlement confirming the Hollywood screenwriters union’s right to enforce its code of conduct prohibiting writers’ representation by talent agencies with serious financial conflicts of interest.
Successfully defended public sector labor unions against claims seeking to invalidate state laws providing for exclusive representation, challenging the validity of union membership agreements, and attempting to compel refunds of dues paid pursuant to voluntary membership agreements and fair share fees paid prior to the Supreme Court’s decisions in Janus v. AFSCME Council 31 and Harris v. Quinn.
Successful representation of union amici in defense of Cal-OSHA emergency temporary COVID-19 standards against challenges by retail and agricultural industry employers.
Obtained summary judgment in one case, and dismissal in a second case, in favor of a labor union sued for breach of the duty of fair representation over the positions it took in collective bargaining negotiations.
Representing intervening union, obtained and successfully defended on appeal summary judgment rejecting NLRA preemption challenge to California statute requiring the government to disclose contact information for private home care workers to a union that seeks to organize the workers, so long as the worker does not object to disclosure.
Obtained a unanimous en banc Court of Appeals decision overturning decisions that had severely weakened the protection afforded by the Norris‑LaGuardia Act to union economic action.
Established union standing to sue employers that violate the Worker Adjustment and Retraining Notification Act’s statutory notice requirements.
Overturned on appeal a trial court decision invalidating as unconstitutional California statutes governing public school teacher tenure and layoff.
Obtained an Eighth Circuit decision affirming a district court’s dismissal of claims that a state law permitting homecare workers for Medicaid program participants to be represented by a union is preempted by the National Labor Relations Act, violates the Contract Clause, and tortiously interferes with the right to contract.
Protected paid union organizers from discriminatory discharge or refusal to hire under the National Labor Relations Act.
Compelled California to continue to pay unemployment compensation benefits to hundreds of thousands of claimants per year pending evidentiary hearings on their continued eligibility.
Enjoined the Governor of Hawaii from unilaterally implementing unpaid furloughs for all state employees of three days per month on the ground that unilateral implementation violated the state constitutional right to collective bargaining.
Obtained an injunction requiring Fresno County to maintain the wage and benefit rates paid to providers of in‑home support services pending arbitration of the union’s grievance regarding the wage and benefit reduction.
Successfully defended the nation’s first safety standard on ergonomics against an industry challenge, and invalidated exemptions that would have prevented that standard from applying to most California workplaces.
Successfully defended against a constitutional challenge a California statute providing for the binding resolution of disputes between agricultural employers and their union‑represented employees arising from their failure to agree on an initial labor contract, thereby guaranteeing that agricultural workers will obtain an initial contract.
Obtained a decision upholding a California Apprenticeship Council ruling that precluded non‑union apprenticeship program from operating outside its approved geographic area.
Prohibited employers from adopting “fetal protection” policies that discriminate against female workers in violation of Title VII.
Established a longer statute of limitations for suits against employers who withdraw from multi‑employer pension plans.
Successful defense on appeal of district court judgment striking down Trump administration rule interpreting a provision of the Medicaid Act to prohibit the deduction of union dues and benefits payments from homecare workers’ paychecks.
On behalf of amici SEIU and Change to Win, obtained a ruling from the National Labor Relations Board (later reversed by Fifth Circuit and Supreme Court) that employers commit an unfair labor practice by including prohibitions against joint, class, and collective actions in mandatory employment arbitration agreements.
Overcame a federal statutory challenge to a California law requiring payment of accrued vacation pay to workers upon cessation of employment.
Invalidated a state public employee wage freeze that conflicted with the state constitutional right to organize for the purpose of collective bargaining.
Obtained a settlement in administrative action of $1.6 million in back wages to construction workers who were not paid the prevailing wage required on public works projects.
Obtained summary judgment in federal District Court upholding union dues authorization agreements against a constitutional challenge, and successfully defended summary judgment ruling on appeal.
Represented an intervenor union in obtaining a federal district court judgment upholding against a federal preemption challenge California’s use of the “ABC test” to determine whether truck drivers are employees or independent contractors for purposes of a wage order.
Obtained a preliminary injunction in a class action requiring the defendant airline to provide its employees with paid sick leave and kin care leave in compliance with California and local law.
Established the right of public school teachers to use games, role‑playing, and other methods considered to be best pedagogical practices to teach about the history, culture and religion of Islam as part of a secular program of education in a world history class.
Successful defense on appeal of judgment rejecting trucking companies’ constitutional and statutory challenges to California’s use of the “ABC test” under AB 5 to prevent misclassification of truck driver employees as contractors.
Restored, after a six‑week jury trial, tens of millions of dollars of retiree health insurance benefits that had been terminated following the shutdown of Idaho’s largest private employer.
Representing United Farm Workers union in conjunction with in-house counsel, obtained California Supreme Court decision overturning Court of Appeal decision and upholding the constitutionality of a California law requiring binding interest arbitration to resolve agricultural labor disputes.
Obtained a U.S. Supreme Court decision rejecting an employer’s unprecedented attempt to expand Section 301 of the Labor Management Relations Act to include tort theories for interference with contract by international union.
Successfully defended public sector labor unions against claims seeking to invalidate state laws providing for exclusive representation, challenging the validity of union membership agreements, and attempting to compel refunds of dues paid pursuant to voluntary membership agreements and fair share fees paid prior to the Supreme Court’s decisions in Janus v. AFSCME Council 31 and Harris v. Quinn.
Obtained a California Supreme Court order vacating, and a subsequent Court of Appeal decision reversing, a prior Court of Appeal opinion that had required union to arbitrate non-waivable statutory claims brought on behalf of its members; on remand, obtained writ requiring school district to place teachers on the correct steps on the salary schedule and to provide more than $3 million in back pay and interest.
Overturned on appeal a California Superior Court decision approving a settlement agreement that impaired the statutory and contractual rights of public school teachers, over the objection of the teachers’ union (which had not agreed to the settlement), on the grounds that the approval of the settlement violated the teachers’ due process right to an adjudication of the merits of the underlying claim and the requirements of the California statute regarding judgments based on settlements.
Obtained a jury verdict following a ten‑week trial upholding the right of the Air Line Pilots Association to engage in free speech activities promoting solidarity among strikers.
After obtaining a preliminary injunction under the First Amendment, obtained on appeal a ruling that three Houston ordinances that restrict the right to protest via parades and public gatherings in public parks, and that restrict the use of sound amplification equipment, violate the First Amendment.
Defeated claims that state government’s exclusion of anti-union organization from orientation meetings for new state employees violated the First Amendment and the Equal Protection clause because the employees’ exclusive collective bargaining representative was permitted to attend.
Obtained a permanent injunction under the First Amendment against provisions of two Arizona statutes, SB 1363 and SB 1365, that limit unions’ ability to collect member dues, to participate in political advocacy, and to engage in protected speech activities.
Successful writ of mandate action to prevent irrigation district from nullifying two project labor agreements it previously approved, following a change in the membership of the district’s board of directors.
Successful breach of contract action challenging school district’s purported rescission of a previously approved project labor agreement, following a change in the membership of the school board.
Defeated a constitutional challenge to a public sector union’s right to control the arbitration portion of the collectively-bargained grievance procedure and to provide union-appointed counsel to represent the grievant in arbitration.
Obtained dismissal of a former union member’s duty of fair representation claim against labor union, including successful defense of dismissal ruling before the Ninth Circuit.
Obtained dismissal with prejudice of union members’ LMRDA challenge to union leadership election.
Obtained a temporary restraining order and a preliminary injunction prohibiting an airline from interfering with its pilots’ rights to organize and to free expression under the Railway Labor Act.
Obtained a California Court of Appeal decision reversing trial court’s interpretation of attorney’s fees statute requiring labor organization to disclose amount paid to outside counsel for representation of union member.
Overturned on state constitutional grounds a city policy requiring public employees to submit to polygraph examinations.
Obtained a ruling that a national aluminum manufacturer violated the National Labor Relations Act by unlawfully locking out 3,000 of its employees and must pay them approximately $175 million in back wages, at that time reputed to be the highest backpay award in the history of the Act.
Obtained a ruling requiring payment of an additional 26 weeks of extended unemployment compensation benefits, worth billions of dollars, to unemployed workers nationwide.
Obtained an eight‑figure settlement of breach of contract claim on behalf of airline pilots who were permanently furloughed when their employer ceased flight operations.
Upheld, against an employer’s ERISA preemption challenge, Hawaii’s Dislocated Workers Act, which provided supplemental unemployment compensation benefits to workers adversely affected by plant closings.
Successfully defended on federal appeal a labor union’s use of the “garment industry proviso” to Section 8(e) of the National Labor Relations Act.
Obtained decisions from the Fourth Circuit (Adcock) and the Northern District of Ohio (Patterson) holding that an agreement under which an employer agrees to remain neutral in union organizing campaigns in return for the union’s agreement to limitations on such campaigns does not violate Section 302 of the Labor Management Relations Act or the Racketeer Influenced and Corrupt Organizations Act.
Compelled the Department of Labor to restore $200 million in wrongfully withheld Trade Act benefits to thousands of unemployed autoworkers and steelworkers.
Obtained a decision from the National Labor Relations Board upholding a neutrality and card‑check organizing agreement under Section 8(e) of the National Labor Relations Act.
Obtained a settlement under state wage and hour laws providing payments to hundreds of low‑wage workers as reimbursement for uniform cleaning expenses.
Obtained a settlement on behalf of a class of retirees from sugar and pineapple plantations compensating them for the company’s termination of their medical plans.
Obtained class-action settlements on behalf of low‑wage janitors and maintenance workers who were misclassified as independent contractors, providing double overtime, reimbursement of allegedly unlawful paycheck deductions, and statutory interest.
Obtained a decision upholding the authority of the Public Utilities Commission to order utilities to require the payment of prevailing wages to construction workers on energy utility construction projects.
Enforced a multi‑million dollar arbitration award against an employer that tried to evade its contract obligations through a non‑union alter ego.
Invalidated a local “right to work” law enacted by a New Mexico city.
Defeated an industry challenge to the application of California’s prevailing wage law to motor carriers after the enactment of trucking deregulation.
Defeated an attempt to hold a union liable under RICO and state tort law for ostracism allegedly directed against strikebreakers.
Won a private attorney general action, after a multi‑week trial, against a construction contractor and its president for failing to pay workers prevailing wages on public works projects.
Hawaiian Waikiki Beach Hotel: Obtained an order requiring the corporate parent of a hotel in receivership to arbitrate claims for millions of dollars in accrued vacation and severance pay owed to the hotel’s employees.
Obtained an injunction prohibiting one of the nation’s largest counties from depriving its employees of their right to discuss union issues at work.
Successfully defended on appeal the National Labor Relations Board’s decision that an employer unlawfully implemented a contract proposal allowing it to bypass the union and negotiate directly with its individual employees.
Obtained an arbitration award that stopped a transit district from contracting out numerous jobs held by union‑represented workers.
Obtained an arbitration award in excess of a million dollars for violation of a contractual provision requiring an employer to pay wage premiums to employees who start their shifts before 6:00 a.m.
Obtained an arbitration award prohibiting a public transit district from using a lease arrangement to evade contractual restrictions on outsourcing bargaining unit jobs.
Obtained arbitration awards requiring Superior Courts to pay mileage compensation to court interpreters and holding that the courts acted illegally by giving interpreting assignments to independent contractors.
Successfully challenged in arbitration an employer’s policy of terminating sick leave benefits for ill or injured employees, providing relief to nearly one hundred employees.
Enjoined a contractor and its officers from continuing to commit unfair business practices by underpaying workers on public works projects, leading to the debarment of the contractor from bidding on public works projects for three years.
Obtained a National Labor Relations Board decision that an association of non‑union construction contractors violated the National Labor Relations Act by filing and prosecuting a lawsuit challenging a union program to recapture jobs for union workers.
Obtained, and secured against federal court challenge, a $355,000 arbitration award for a longshore worker who was assaulted, permanently disabled, and forced to spend two years in a witness protection program due to the employer’s breach of a contractual duty to provide a safe workplace.
Obtained dismissal of defamation, commercial disparagement, unfair trade practices, and maintenance claims arising from union’s support for community campaign to change hospital chain’s practice of overcharging uninsured patients.
Obtained an interpretation from the California Attorney General requiring school districts to utilize competitive bidding laws to award public school construction projects, thereby insuring that union contractors have an opportunity to bid on such work.
Obtained a California administrative ruling that a transfer of property for a redevelopment project at so‑called “fair reuse value” is not equivalent to a transfer at the “fair market price,” thereby requiring the payment of prevailing wages to construction workers on those projects.
Established that the appropriate remedy for legal deficiencies in a union’s annual fair share fee notice is for the union to correct and re‑issue the notice, not to refund fees previously collected.
Obtained an arbitration award upholding a union’s right to allocate annual economic increases under a collective bargaining agreement between wages and fringe benefits.
Obtained an arbitration award against Contra Costa County for violating the “parity” clause of its collective bargaining agreement, which required the County to provide its public defenders with any new benefits provided to its district attorneys.
Obtained the voluntary dismissal with prejudice, after filing a motion to dismiss on grounds of justiciability and preemption, of a challenge to an international labor union’s procedures for transferring geographic jurisdiction between local union affiliates.
Obtained a seven‑figure arbitration award for an employer’s failure to pay its security guards for on‑duty meal periods.
Helped obtain a National Labor Relations Board decision reinstating a bar to challenging a union’s majority status after a new employer assumes control of an organized facility, thereby allowing the parties a reasonable period of time to negotiate a collective bargaining agreement.
Obtained a victory before a National Labor Relations Board administrative law judge and an injunction in federal District Court in a case alleging that a nursing home employer engaged in unlawful “surface bargaining” by insisting on a package of contract proposals that would have forced the union to surrender all representational authority for the duration of the collective bargaining agreement.
Successfully defeated a motion for preliminary injunction under the Labor‑Management Reporting and Disclosure Act seeking to stop the counting of votes in a union merger election, resulting in the merger passing by an overwhelming majority.
On behalf of an intervening labor union, obtained a Court of Appeal decision holding that public school teachers’ performance evaluations, identified with particular teachers, are not subject to disclosure under the California Public Records Act.
Obtained, and successfully defended on appeal, a ruling that the California Governor and Department of Personnel Administration exceeded their authority by unilaterally imposing unpaid furloughs on public employees.
Obtained, and successfully defended on appeal, a ruling that the California Governor and Department of Personnel Administration exceeded their authority by unilaterally imposing unpaid furloughs on public employees.
Obtained multiple arbitration decisions in favor of nurses’ union, including, e.g., finding that an employer violated the recognition clause of a collective bargaining agreement by transferring represented nurses’ duties to non‑union nurses; ordering a hospital to pay specialty skills incentive payments to nurses in the hospital’s main operating room; and finding that employer violated the collective bargaining agreement by canceling on-call shifts shortly before they were to take place, without paying on-call pay.
Obtained an arbitration decision that stopped hospitals from making unilateral changes to reduce nurses’ health benefits.
Obtained an arbitration decision finding that employer violated the collective bargaining agreement’s seniority provision by imposing a scheduling policy that required nurses in a unit to be scheduled to work at least one late shift every schedule period, rather than scheduling all shifts by skill mix and seniority.
Obtained an arbitration award ordering hospital to pay its nurses contractually-required weekend premium pay in excess of $100,000.
Obtained a decision on administrative appeal that a hotel project was covered by the California’s prevailing wage law because the developer was not paying fair-market rent for the use of public land, overturning the agency’s original, contrary determination.
Obtained the dismissal of a constitutional challenge to a California law that protects prospective apprentices from exploitation by requiring a showing of a training need before state approval will be granted to new apprenticeship programs.
Defended Major League Baseball Players Association against duty of fair representation claims asserted by baseball player whose challenge to Major League Baseball drug testing suspension was resolved in a collectively bargained arbitration procedure, resulting in the player’s voluntary dismissal of his lawsuit shortly after filing complaint.
Obtained an injunction under the Contract Clause of the U.S. Constitution against the implementation of a Michigan statute that would have nullified an existing collective bargaining agreement covering thousands of homecare workers.
Obtained a writ of mandate overturning a school district’s mass layoff of public school teachers out of seniority order.
Obtained judgments against 18 growers and a growers’ association prohibiting them from illegally financing an “employee committee” to defeat union organizing drives.
Established that federal labor law precludes an employer from obtaining damages under state defamation law for economic losses resulting from a strike.
Preserved millions of dollars of retiree medical benefits in a major bankruptcy proceeding on behalf of thousands of retired Idaho mine and smelter workers.
Enjoined the Department of Industrial Relations from spending taxpayer funds to implement a new methodology that would drastically cut prevailing wage rates, where the Legislature had refused to appropriate funds for that purpose.
Successfully defended at trial and on appeal an international union wrongfully accused of discrimination and violations of labor law.
In three separate cases, obtained dismissal with prejudice of meritless state and federal claims, including claims under the federal RICO statute, brought against an international union and its officials.
Defeated constitutional challenges to state laws that permit childcare and homecare workers to have union representation.
Assisted, as amicus curiae, in defeating a motion for preliminary injunction that sought to stop Seattle’s $15 minimum wage from going into effect, and subsequently in successfully defending the District Court’s denial of the preliminary injunction on appeal to the Ninth Circuit, after which the plaintiff voluntarily dismissed the case.
Secured dismissal on the merits of a fast food industry challenge to a New York state wage order requiring a $15 per hour minimum wage to be paid to workers in chain restaurants.
Obtained and defended on appeal a judgment of dismissal in favor of a labor union sued over its equity distribution plan in connection with American Airlines’ bankruptcy proceedings.
Along with co-counsel, successfully defended against constitutional challenge California’s “fair share fee” statute, which requires employees who share in the benefits of public sector collective bargaining, but who choose not to become members of the union that represents them, to pay a pro rata portion of the union’s costs in obtaining those benefits.
Obtained an injunction from the Ninth Circuit temporarily prohibiting the implementation of a Hawai’i state statute that would privatize public health care facilities during the term of a collective bargaining agreement covering those facilities, and subsequently obtained a settlement protecting the affected employees’ jobs.
Obtained a federal district court decision upholding against a federal preemption and constitutional challenge a California law requiring contractors performing work at refineries to use a skilled and trained workforce.
Successfully represented, with co-counsel, a national pension fund in arbitration, federal District Court, and the Ninth Circuit, in obtaining and defending an arbitration award requiring a local pension fund to remit full pension contributions to the home pension fund of traveling employees pursuant to a national reciprocity agreement between the funds.
Defeated a constitutional challenge to collectively bargained agreements that grant union representatives access to the public sector employees they represent.
Representing labor organizations and individual community college faculty members in a federal court challenge to the practices of an organization that accredits California community colleges and to that entity’s threatened termination of the accreditation of City College of San Francisco, obtained a settlement that preserved City College’s accreditation and mandated policy and standards changes that increased the accrediting organization’s transparency and accountability, and that avoided interference with the unions’ collective bargaining relationships.
Upheld on appeal to the Seventh Circuit a federal district court decision refusing to certify a plaintiff class seeking to recoup fair share fees previously paid for union representation in collective bargaining and grievance representation.
Obtained a California Court of Appeal decision ordering reinstatement of a teacher who had been wrongfully terminated, where the Superior Court failed to apply the correct legal standard and to accord sufficient weight to the administrative tribunal’s credibility determinations.
Obtained dismissal of claims against a union for breach of the duty of fair representation, breach of contract, and intentional infliction of emotional distress arising from a grievance arbitration.
Obtained an arbitration award against an employer’s installation of surveillance cameras in the workplace without prior bargaining with the union that represents the company’s workers.
Represented the Virgin America pilots in a seniority integration arbitration following the merger of Virgin America with Alaska Airlines, resulting in a single, integrated pilot seniority list.
Defeated a challenge brought under the Labor Management Relations Act and the Labor-Management Reporting and Disclosure Act to a union’s response to demands for internal union information.
Defeated a constitutional challenge to a state law that requires suppliers of concrete to public works projects to pay prevailing wages to ready-mix delivery drivers.
Defeated on summary judgment a state law tort action brought by a construction contractor alleging that a labor union conspired with other contractors to prevent the plaintiff from obtaining public works jobs under project labor agreements.
Representing a group of intervening statewide unions, obtained and successfully defended on appeal an order dismissing a federal court First Amendment challenge to a state statute that prohibits public employers in California from deterring or discouraging union membership by public employees.
Obtained an arbitration award holding that a general contractor violated its agreement with a union by having electrical work to build a utility-scale solar project performed offsite by non-union workers for the minimum wage, rather than onsite by union-represented electricians, at collectively-bargained wage and fringe benefit rates.
Obtained settlements of two unfair labor practice charges filed with the NLRB requiring employer to recognize the union that represents its employees, comply with the terms of its current collective bargaining agreement with the union, rescind unilateral changes to employees’ working conditions at the union’s request, provide $700,000 in back pay for 1,400 workers, and reinstate and make whole a defined benefit pension plan that the employer had terminated.
Obtained Ninth Circuit reversal of NLRB decision that had relied upon an unduly broad interpretation of the NLRA’s secondary boycott provisions to uphold firing of janitorial service workers in response to their protests regarding sexual harassment and low wages.
Obtained administrative decision from California Department of Industrial Relations that that money loaned to a public entity specifically designated to pay for the installation of improvements constitutes public funds, rendering the installation of the improvements a public works project subject to prevailing wage requirements.
Obtained arbitration award requiring employer to reinstate with backpay an employee who had been terminated for failing to call in for two days of work while dealing with side effects of prescribed medication.
Defeated in the federal district court and on appeal a challenge based on the Medicare Act’s “anti-assignment” provision to the ability of homecare workers to pay their union dues through payroll deduction.
Obtained dismissal of federal court lawsuit alleging violation of fiduciary duty by union officers and bargaining committee members arising from their collective bargaining activities.
In a series of arbitrations interpreting the pilot seniority integration arbitration decision resulting from the merger of U.S. Airways and American Airlines, obtained and then successfully defended highly-coveted international flying opportunities for pilots from the former America West airlines.
Obtained damages, permanent injunction, attorneys’ fees and published decision of Alaska Supreme Court in favor of Alaska state employees union and against State of Alaska preventing the State from violating its collective bargaining agreement and Alaska state law by unilaterally terminating state employees’ union dues deductions and seeking to require state employee union members to annually renew their dues deduction authorizations after receiving a government “warning” that doing so would involve waiving their rights.
Defeated a hospital industry challenge to a California health regulation requiring minimum nurse‑to‑patient staffing ratios.
Successfully advocated on behalf of a labor organization, in land use proceedings, for environmental, affordable housing, and public transit conditions to be placed on a large hotel and residential development in San Diego County.
Overturned a regulation exempting food, drugs, and cosmetics from the California Toxics Initiative.
Invalidated, on state constitutional grounds, California Budget Act restrictions on the state’s payment of public interest attorneys’ fees.
Overturned the Environmental Protection Agency’s moratorium on public disclosure of industry pesticide health and safety studies.
Obtained reversal on appeal of an employer’s $17.3 million defamation verdict against a union based on a communication that was part of a labor dispute, on the ground that the trial court erred by failing to instruct the jury that the plaintiff was required to prove actual malice.
Obtained an appellate reversal of a six‑figure jury verdict against a union and picketers who had exercised their free speech right to disparage strikebreakers.
Successfully defended a labor union against a SLAPP suit brought by an employer seeking damages for the union’s organizing campaign to obtain recognition as the representative of the employer’s workers, and negotiated a stipulated dismissal under which the employer entered into a card‑check and neutrality agreement with the union to govern the recognition process, resulting in recognition and a collective bargaining agreement.
Obtained a dismissal under California’s anti‑SLAPP statute of a lawsuit seeking to impose defamation liability on professional associations for statements made in amicus curiae briefs they had filed in court.
Defeated a preliminary injunction motion brought several days before a statewide election to prohibit a union from spending union dues and fees to oppose anti‑worker ballot initiatives.
Obtained an injunction allowing pilots to handbill and picket at San Francisco International Airport.
Overturned on First Amendment and statutory grounds a $10 million judgment against the United Farm Workers for engaging in allegedly improper boycott activity.
Obtained a dismissal under California’s anti‑SLAPP statute of a complaint alleging that a union had unlawfully supported picketing and litigation activity directed against the employer’s workplace practices.
Obtained an appellate reversal of California Superior Court decision denying a motion under California’s anti‑SLAPP statute to dismiss a civil lawsuit seeking money damages for a union’s alleged conduct in assisting the General Counsel of the Agricultural Labor Relations Board to prosecute the union’s unfair labor practice charge.
Obtained dismissal under California’s anti-SLAPP statute of state law action seeking to compel a public sector union to repay fair share fees collected prior to the Supreme Court’s decision in Janus v. AFSCME, Council 31.
Obtained a dismissal of federal labor law, antitrust, RICO, and state common law claims brought against county building trades council, arising from its free speech and petitioning activities.
Obtained appellate affirmance of trial court’s dismissal under California’s anti-SLAPP statute of a malicious prosecution action brought by a charter school operator against a teacher’s union for filing and prosecuting an administrative charge before the California Public Employment Relations Board.
Obtained dismissal under California’s anti-SLAPP statute of lawsuit seeking to impose tort liability on union and its officers for its collective bargaining negotiations with public employer.
Overturned on state election law grounds Hawaii’s decision to ignore abstentions in determining whether the required percentage of votes was cast in favor of a ballot measure calling for a new state constitutional convention.
Compelled the Immigration and Naturalization Service to rescind a regulation that deprived temporary nonimmigrant workers of the right to strike.
Helped obtain a decision holding that the California Rules of Professional Responsibility do not preclude labor unions and other advocacy groups from funding class-action litigation, by filing amicus curiae brief and presenting oral argument on behalf of labor and public interest groups, including the ACLU of Southern California.
Struck down rules that would have allowed official court reporters to be replaced by audiotape recordings in California Superior Courts, and obtained an injunction against expenditures of taxpayer funds in furtherance of such rules.