California Grocers Association v. City of Los Angeles, et al.

NLRA Preemption of California Grocery Workers Ordinance

NCLC's Position

NCLC urged the California Supreme Court to rule that the National Labor Relations Act (NLRA) preempts a Los Angeles ordinance requiring new grocery store owners to retain workers for at least 90 days after a change in control of a store and to give preference to workers with seniority when filling a store's labor needs. In its brief, NCLC argued that under the Machinists and Garmon doctrines, state and local governments cannot interfere with labor-management relations in this way. NCLC warned that the ordinance discourages grocery companies from purchasing stores and expanding.

Previously NCLC had filed a brief with a California appeals court.

Case Outcome

The California Supreme Court reversed the Appellate Court. The Court found that the worker ordinance is not preempted and concluded the ordinance is fully consistent with both the state and federal equal protection clauses.

Procedural History

Amicus brief with California appeals court filed 2/10/09. Amicus brief rejected 3/11/09. Amicus brief with California Supreme Court filed 4/22/10. Decided 7/18/11.

Case Documents