This year, Oregon became the first state to enact so-called Worker Freedom legislation that prohibits employers from holding mandatory, captive audience meetings during union organizational campaigns.

The law, which went into effect Jan. 1, 2010, has now been challenged on NLRA preemption and First Amendment speech grounds by the Chamber of Commerce.  The case is Associated Oregon Industries and Chamber of Commerce of the United States v. Brad Avakian and Laborers’ International Union of North America, Local No. 296 (complaint filed by Chamber).

I have written previously on why I believe the Oregon law is lawful and not subject to either a preemption or constitutional challenge in Toward the Viability of State-Based Legislation to Address Workplace Captive Audience Meetings in the United States. 

I have also written in the National Law Journal on why I believe the recent U.S. Supreme Court case of Brown v. Chamber of Commerce does not answer the legal questions in a case like this one.

I am eager to see how this suit plays out and I am happy that it is taking place in the relatively friendly confines of the District of Oregon and the Ninth Circuit Court of Appeals.