December 22, 2003

Standard Concrete Products Inc. v. General Truck Drivers, Office, Food and Warehouse Union, Local 952

United States Court of Appeals for the Ninth Circuit Nos. 01-57256 & 01-57257. Filed December 18, 2003
The Ninth Circuit overturned California Central District Court’s decision that a no-strike clause waived the right to take part in a sympathy strike. The Court also overturned the ruling that because the two striking locals belonged to the same union, the strike was not technically a sympathy strike. The two local unions were covered under different collective bargaining agreements (CBAs). Citing Children's Hosp., 283 F.3d, the Court explained its rationale for protecting sympathy strikes applies with equal force where the primary and secondary strikers are different units with different CBAs, represented by the same union.

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