Hillhaven Oakland Nursing & Rehabilitation Center v. Health Care Workers Union

Introduction

During the course of a labor dispute, respondent Hillhaven Oakland Nursing and Rehabilitation Center (Hillhaven) sought and obtained a preliminary injunction against appellant Health Care Workers Union, Local 250, AFL-CIO (Local 250) restricting the number of union representatives who might enter Hillhaven’s Webster Street facility at any time and regulating the place and manner in which Local 250 representatives might speak with employees or others both in and outside the facility. Specifically, Local 250 representatives were restrained from:

Local 250 appeals, contending the National Labor Relations Act, 29 United States Code section 151 et seq., preempts the state court’s jurisdiction to issue such an injunction. If preemption is not found, appellant argues the injunction is overbroad and vague so as to unconstitutionally restrain freedom of speech.

Factual and Procedural Background

Respondent Hillhaven is a corporation which operates a convalescent and nursing home facility in Oakland, California. Appellant Local 250 is the certified bargaining representative of employees at Hillhaven. On July 28, 1994, Local 250 and Hillhaven were in the process of…