Burlington Northern & Santa Fe Railway (United Transportation Union)

112 Cal. App. 4th 881 (2003), 5 Cal. Rptr. 3d 503, 2003 Cal. App. LEXIS 1565

The Court of Appeal (Third District) reversed a Commission order in which the Commission found that it was required to enforce Section 6906 of the Labor Code notwithstanding a credible (indeed, compelling) argument that the statute was invalid.  The Commission stated that Article III, Section 3.5 of the State Constitution barred it from refusing to enforce the statute.  The Court pointed out, however, that Article III, Section 3.5, only barred the Commission from refusing to enforce a statute where the prospective refusal rested on perceived constitutional infirmities or federal preemption.  It held that where the statute had been repealed by implication (in this case, by a state ballot measure), the Commission (1) could recognize the implied repeal and refuse to enforce the statute and (2) was required to do so.

 

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