strike violation in California

11 California opinions name it 2 courts 1968–2025 2 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

Case	Followed	Cited
San Diego Teachers Assn. v. Superior Courtgreen cal · 1979 · cited in 2 California opinions naming this issue, 1992–2008 2 sentences 2008San Diego In the San Diego case, a teachers' union and its president sought annulment of contempt orders issued against them for conducting a strike in violation of a court injunction. ( San Diego, supra, 24 Cal.3d at p. 4 , 154 Cal.Rptr. 893 , 593 P.2d 838 .) At issue was whether "the injunctive remedies were improper because of the district's failure to exhaust its administrative remedies under the EERA." ( Id. at p. 7, 154 Cal.Rptr. 893 , 593 P.2d 838 .) Addressing the exhaustion question, the San Diego court identified three main issues: "(1) Could PERB properly determine that the strike w 2008San Diego In the San Diego case, a teachers' union and its president sought annulment of contempt orders issued against them for conducting a strike in violation of a court injunction. ( San Diego, supra, 24 Cal.3d at p. 4 , 154 Cal.Rptr. 893 , 593 P.2d 838 .) At issue was whether "the injunctive remedies were improper because of the district's failure to exhaust its administrative remedies under the EERA." ( Id. at p. 7, 154 Cal.Rptr. 893 , 593 P.2d 838 .) Addressing the exhaustion question, the San Diego court identified three main issues: "(1) Could PERB properly determine that the strike w	1	2
Rusheen v. Cohengreen cal · 2006 · cited in 1 California opinions naming this issue, 2025–2025 1 sentence 2025(See Rusheen v. Cohen (2006) 37 Cal.4th 1048, 1055-1056 (Rusheen).) Section 425.16 authorizes a court to strike a claim that arises from an act in furtherance of the defendant’s right of free speech or petition. (§ 425.16, subd. (b)(1).) Protected rights include the right to file a civil lawsuit.	1	1
Vaca v. Sipesgreen scotus · 1967 · cited in 1 California opinions naming this issue, 1968–1968 2 sentences 1968See also Vaca v. Sipes, supra, 386 U.S. 171, 185 [ 17 L.Ed.2d 842, 854 ].) Here by the lockout the employers did treat the collective bargaining agreement as terminated on October 5th, and in effect used self-help, inconsistent with the no-lockout clause of the grievance and arbitration provision, to enforce their view that no employment need be tendered to the employees. 1968See also Vaca v. Sipes, supra, 386 U.S. 171, 185 [ 17 L.Ed.2d 842, 854 ].) Here by the lockout the employers did treat the collective bargaining agreement as terminated on October 5th, and in effect used self-help, inconsistent with the no-lockout clause of the grievance and arbitration provision, to enforce their view that no employment need be tendered to the employees.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (11)

Case	Cited	Years
People v. Carmony green cal · 2004 1 sentence 2023(See Carmony, supra, 33 Cal.4th at pp. 376-377.) Second, consistent with our analysis in Ortiz, the trial court’s treatment of the mitigating circumstances was within the scope of its discretion.	1	2023–2023
People v. Gallardo green cal · 2017 1 sentence 2020The habeas court also determined that People v. Gallardo (2017) 4 Cal.5th 120 (Gallardo) applied retroactively and the trial court’s consideration of the preliminary hearing transcript violated the holding in Gallardo.	1	2020–2020
People Ex Rel. Seal Beach Police Officers Ass'n v. City of Seal Beach green cal · 1984 1 sentence 2020(Seal Beach, supra, 36 Cal.3d at p. 594 .) Plaintiff relators in that case challenged a city charter amendment requiring the immediate firing of any city employee who participated in a strike as being in violation of Government Code section 3505.	1	2020–2020
Dorchy v. Kansas green scotus · 1924 2 sentences 2006In Dorchy v. Kansas, supra, 264 U.S. 286 [ 68 L.Ed. 686 ], the court reversed a criminal conviction of a union official who ordered a strike in violation of the Kansas act. 2006In Dorchy v. Kansas, supra, 264 U.S. 286 [ 68 L.Ed. 686 ], the court reversed a criminal conviction of a union official who ordered a strike in violation of the Kansas act.	1	2006–2006
Chas. Wolff Packing Co. v. Court of Industrial Relations of Kansas green scotus · 1925 2 sentences 2006In Wolff Packing Co. v. Court of Industrial Relations (1925) 267 U.S. 552 , 45 S.Ct. 441 , 69 L.Ed. 785 ( Wolff II ), the court reversed a writ of mandate requiring the employer to adhere to wage and term provisions issued by the court of industrial relations. 2006In Wolff Packing Co. v. Court of Industrial Relations (1925) 267 U.S. 552 , 45 S.Ct. 441 , 69 L.Ed. 785 ( Wolff II ), the court reversed a writ of mandate requiring the employer to adhere to wage and term provisions issued by the court of industrial relations.	1	2006–2006
Local 174, Teamsters, Chauffeurs, Warehousemen & Helpers v. Lucas Flour Co. green scotus · 1962 1 sentence 1998The Supreme Court concluded states do not remain free to apply “individualized local rules when called upon to enforce [collective bargaining] agreements.” (Id. at p. 103 [ 82 S.Ct. at p. 576 ].) The United States Supreme Court explained: “The dimensions of [LMRA section] 301 require the conclusion that substantive principles of federal law must be paramount in the area covered by the statute.	1	1998–1998
National Labor Relations Board v. Cast Optics Corporation, Textile Workers Union of America, Afl-Cio, Clc, Intervenor green ca3 · 1972 2 sentences 1983In such a situation, the Union has no employees to represent . . . .” (N.L.R.B. v. Cast Optics Corporation (3d Cir. 1972) 458 F.2d 398, 406 , cert. den. (1972) 409 U.S. 850 [ 34 L.Ed.2d 92 , 93 S.Ct. 58 ].) The “underlying rationale of . . . 1983In such a situation, the Union has no employees to represent...." ( N.L.R.B. v. Cast Optics Corporation (3d Cir.1972) 458 F.2d 398, 406 , cert. den. (1972) 409 U.S. 850 [ 34 L.Ed.2d 92 , 93 S.Ct. 58 ].) The "underlying rationale of ...	1	1983–1983
Kellogg Co. v. National Labor Relations Board green scotus · 1972 2 sentences 1983In such a situation, the Union has no employees to represent . . . .” (N.L.R.B. v. Cast Optics Corporation (3d Cir. 1972) 458 F.2d 398, 406 , cert. den. (1972) 409 U.S. 850 [ 34 L.Ed.2d 92 , 93 S.Ct. 58 ].) The “underlying rationale of . . . 1983In such a situation, the Union has no employees to represent...." ( N.L.R.B. v. Cast Optics Corporation (3d Cir.1972) 458 F.2d 398, 406 , cert. den. (1972) 409 U.S. 850 [ 34 L.Ed.2d 92 , 93 S.Ct. 58 ].) The "underlying rationale of ...	1	1983–1983
Steiner v. Commissioner green scotus · 1972 2 sentences 1983In such a situation, the Union has no employees to represent . . . .” (N.L.R.B. v. Cast Optics Corporation (3d Cir. 1972) 458 F.2d 398, 406 , cert. den. (1972) 409 U.S. 850 [ 34 L.Ed.2d 92 , 93 S.Ct. 58 ].) The “underlying rationale of . . . 1983In such a situation, the Union has no employees to represent...." ( N.L.R.B. v. Cast Optics Corporation (3d Cir.1972) 458 F.2d 398, 406 , cert. den. (1972) 409 U.S. 850 [ 34 L.Ed.2d 92 , 93 S.Ct. 58 ].) The "underlying rationale of ...	1	1983–1983
Boeing Airplane Co. v. National Labor Relations Board green cadc · 1949 2 sentences 1983Amicus City of Vallejo, however, suggests that a rule permitting the suspension or withdrawal of recognition from a union instigating a strike “would not be unreasonable per se” based on the logic of Boeing Airplane Co. v. National Labor Relations Bd. (D.C.Cir. 1949) 174 F.2d 988 .) The Boeing case stands “for the proposition that if an entire plant (or presumably a substantial majority of the employees) engages in a strike in violation of [NLRA] § 8(d), the workers lose their status as employees pursuant to § 8(d) of the Act. 1983Cir.1949) 174 F.2d 988 .) The Boeing case stands "for the proposition that if an entire plant (or presumably a substantial majority of the employees) engages in a strike in violation of [NLRA] § 8(d), the workers lose their status as employees pursuant to § 8(d) of the Act.	1	1983–1983
Atkinson v. Sinclair Refining Co. red scotus · 1962 2 sentences 1973The court stated: “When a union breach of contract 600 is alleged, that the plaintiff seeks to hold the agents liable instead of the principal does not bring the action outside the scope of § 301.” (Atkinson v. Sinclair Refining Co., supra, 370 U.S. 238, 247 , fn. omitted [ 8 L.Ed.2d 462, 469 ].) The principles enunciated in Atkinson govern the case at bench. 1973The court stated: “When a union breach of contract 600 is alleged, that the plaintiff seeks to hold the agents liable instead of the principal does not bring the action outside the scope of § 301.” (Atkinson v. Sinclair Refining Co., supra, 370 U.S. 238, 247 , fn. omitted [ 8 L.Ed.2d 462, 469 ].) The principles enunciated in Atkinson govern the case at bench.	1	1973–1973

Statutes the citing opinions construe

USC § 29u.s.c.185 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 14 (1913–2009) CA 11 (1968–2025) FL 9 (1964–2019) PA 6 (1959–2019) AL 4 (1960–2001) IL 3 (1923–2026) NJ 3 (1940–1976) MO 3 (1925–1989) OR 2 (1943–2015) RI 2 (1984–2003)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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