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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

S. P. Growers Ass'n v. Rodriguez, 552 P.2d 721 (1976)

Citation
S. P. Growers Ass'n v. Rodriguez, 552 P.2d 721 (1976)
Parent Document
S. P. Growers Ass'n v. Rodriguez, 552 P.2d 721 (1976)
Jurisdiction
California (state)
Effective Date
1976-08-10

Other Sections in This Document (79)

Full Text

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solely because she filed an unfair labor practice charge with the National Labor Relations Board. The high court held the state act unconstitutional as applied, reasoning that its enforcement under the circumstances of the case tended to frustrate the purpose of the National Labor Relations Act: “Implementation of the Act is dependent upon the initiative of individual persons who must, as petitioner has done here, invoke its sanctions through filing an unfair labor practice charge. Congress has made it clear that it wishes all persons with information about such practices to be completely free from coercion against reporting them to the Board. This is shown by its adoption of § 8(a)(4) which makes it an unfair labor practice for an employer to discriminate against an employee because he has filed charges.” {Id.,