Fashion Valley Mall v. National Labor Relations Board
California Supreme Court
172 P.3d 742 (2007)
- Written by Deanna Curl, JD
Facts
On October 4, 1998, a group of union members distributed leaflets outside a Robinsons-May store at Fashion Valley Mall (defendant). The leaflets noted that Robinsons-May advertised in the Union-Tribune, that the Union-Tribune did not treat its workers fairly, and urged customers to call the newspaper’s CEO. Mall officials told union members that they needed a mall permit to pass out the leaflets, but mall rule 5.6.2 prohibited anyone from urging or encouraging boycotts of merchandise or services from stores in the mall. The National Labor Relations Board (plaintiff) challenged the rule under the California Constitution. An administrative-law judge found that the union’s distribution of leaflets was an attempt at a lawful consumer boycott and ordered the mall to stop interfering with the union’s leafletting. On appeal, the appellate court certified a question of whether the mall’s prohibition on encouraging boycotts of stores violated the California Constitution.
Rule of Law
Issue
Holding and Reasoning (Moreno, J.)
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