Antitrust & Trade Reg.
Aug. 24, 2011
9th Circuit: Employers’ anti-picketing tactic crosses the line
A revenue sharing pact among four of Southern California's leading grocery chains crosses the line. By Colin Kass and John F. Nader of Proskauer Rose LLP
If you face worker strikes or picket lines, lockouts are okay, but revenue sharing or other joint economic schemes with other employers will get you dragged into court - and you may be there a while. This is the upshot of last month's 9th U.S. Circuit Court of Appeals en banc ruling in California v. Safeway Inc., 2011 DJDAR 10469 (9th Cir. July 12, 2011). There, the court held that a revenue sharing pact among four of So...
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